Law:

Section:

Sindh Civil Servants (Efficiency and Discipline) Rules, 1973-------Rr. 4(l)(b)(ii), 5 & 6---Sindh Service Tribunals Act (XV of 1973), Ss.2(a) & 4---Compulsory retirement---Major penalty of compulsory retirement was imposed on appellant after serving him with show-cause notice and holding inquiry against him on allegation that he mis­appropriated amount of tuition fee which was to be deposited in Bank--While initiating disciplinary proceedings, judicial mind was not applied and same were initiated in a cursory manner and no inquiry was conducted which, in view of appellant's vehement denial of allegation and circumstances of the case, was very much necessary---Plea of appellant showing his innocence was not taken into consideration---Penalty awarded to appellant, in circumstances, was not maintainable---Contention that appellant, who, had already received his pensionary benefits after compulsory retirement, had ceased to become civil servant and was not entitled to reinstatement, had no force as mere fact that appellant had received pensionary benefits, in no way would disentitle him to seek remedy from Service Tribunal---Even after imposition of major penalty of compulsory retirement, appellant, in view of S.2(0 of Sindh Service Tribunals Act, 1973, would remain civil servant to invoke jurisdiction of said Tribunal---Impugned order was set aside and matter was remanded for conducting regular inquiry against appellant in accordance with law after providing him every opportunity of hearing---Appellant, meanwhile, was directed to be reinstated in service. Bashir Ahmad Qureshi for Appellant. Tabassum Ghazanfar, A.A.-G. for Respondents. Date of hearing: 21st March, 2005. JUDGMENT JUSTICE (RETD.) ABDUL GHANI SHAIKH (CHAIRMAN).---Appellant Abdul Jabbar Rahoojo, serving as Junior Clerk, Government High School, Jamshoro Colony, District Dadu was served with a show-cause notice, dated 29-11-1999 issued by Additional Director, Directorate of Secondary Education, Hyderabad Region/Authorized Officer, alleging therein that during appellant's posting at Govt. (Boys), High School, Jamshoro Colony, from 3-8-1993 to 29-5-1996 he deposited amount of Rs.8,128 as tuition…

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