Law:

Section:

Sindh Civil Servants (Efficiency and Discipline) Rules, 1973-------Rr. 4(2), 10 & 10-A---Sindh Service Tribunals Act (XV of 1973), S.4---Dismissal from service---Reinstatement of---Withdrawal of reinstatement order---Major penalty of dismissal from service was awarded to appellant after serving him with a show-cause notice on allegation that he was found guilty of defalcation of huge amount---Appellant, instead of challenging his dismissal order before appropriate departmental Appellate Authority, remained mum for five years and then he submitted an application to the then Chief Minister, who, on a summary floated to him, passed orders reinstating the Appellant in service---Respondent Board, however, decided to withdraw order of reinstatement of Appellant against which he had filed appeal----Chief Minister though under R.10-A of Sindh Civil Servants (Efficiency and Discipline) Rules, 1973, was empowered to call for and examine record of any proceeding under said Rules, for the purpose of satisfying himself as to the correctness of any finding or penalty, etc., but under second Proviso to sub-rule (2) of R.10-A of said Rules, order imposing penalty could not be revised by Chief Minister after period of six months from the date of its communication to civil servant if no appeal was preferred---Appellant having not preferred any appeal against order of his dismissal from service, order of Chief Minister, reinstating him in service, after passing of over five years, by no stretch of imagination, could be termed as legal and valid---Chief Minister, in circumstances, had flouted mandatory rules for which there was no justification at all---Since appellant had admitted his guilt, non-holding/conducting of regular inquiry was not at all fatal---Even if appellant was acquitted from criminal charge, but said acquittal, was no bar for imposing any penalty in departmental proceedings under Sindh Civil Servants (Efficiency and Discipline) Rules, 1973---If the order was illegal, then perpetual rights could not be gained on basis of such order---Principle of locus poenitentiae, in circumstances was not attracted in the case of appellant---Order reinstating appellant in…

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