Law:

Section:

Sindh Civil Servants (Efficiency and Discipline) Rules, 1973----Rr. 3(1)(b) & 4(1)(b)(iii)---Sindh Service Tribunals Act (XV of 1973), S.4---Removal from service---Appellant was removed from service after charge-sheeting him and holding inquiry against him on certain acts of misconducts---Main allegations against appellant were that he being Incharge Principal of a school, mis-appropriated huge amount of tuition fee, embezzlement and making illegal appointment of teachers---Charge of mis-appropriation of tuition fee, stood proved against the appellant, and it had also been proved that he had withdrawn an amount as Telephone Charges, but he failed to deposit the same in Bank and due to his failure Telephone of School was disconnected; in similar fashion appellant had also mis-appropriated other huge government money---Appellant during inquiry proceedings, had admitted his guilt and he as per his undertaking in writing had promised to refund said mis-appropriated amount in instalments, but he did not execute his undertaking as he had never paid amount either in lump sum or in instalments as promised by him---Appellant had not alleged any ill-will or animosity against any of Inquiry Officers who had conducted inquiry in perfectly legal and valid manner---Inquiry Officers scrutinized each and every document/register etc., afforded full, fair, proper and adequate opportunity to appellant to rebut charges and to prove his innocence, but he failed to do that---Appellant, in circumstances, could not say that no opportunity was provided to him to defend himself and to prove his innocence---Appellant being Incharge Principal of school who had failed to maintain upto date record of receipt and payment in accordance with settled procedure and policy, had committed serious financial illegalities and irregularities, which called for penal action against him---Apart from said financial illegalities and irregularities, appellant in excess of his powers appointed ten employees of different grades from B-5 to B-9 for which he was not legally competent, especially when there was ban on appointment---Appellant, in circumstances,. was rightly awarded major penalty of removal…

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