Case Details

Citation(s)
2002 SLG 1712 2002 SLD 1712 2002 PLC 171

Appeal No. 135 of 1997, decision dated: 26-05-2000.
BAHAUDDIN SIRHINDI (MEMBER1) AND ABDUL RASHEED MEMON, (MEMBER-II)

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MUHAMMAD ALI MANGI

VS

SINDH AGRICULTURAL SUPPLIES ORGANIZATION through Chairman and 2 others

Law:

Section:

Civil service----- Dismissal from service---Civil servant who was, serving as District Agricultural Supply Officer and was incharge of Bulk Depots, was dismissed from service after issuing him show-cause notice, charge-sheet and holding enquiry against him on allegations of defalcation in depot in his charge--­Alleged defalcation had stood proved against civil servant ---Full-fledged enquiry was conducted against civil servant and he was afforded opportunity to prove his innocence, but he failed to do so---Civil servant was heard in person and there was no question of any violation of procedure under which civil servant was proceeded---Penalty of dismissal from service and recovery of pecuniary losses from civil servant was imposed with approval of Competent Authority---Acquittal of civil servant by Trial Court under S.249-A, Cr.P.C. would have no bearing on the matter under-consideration as, same related to Departmental proceedings and Department was not debarred from conducting the proceedings---In absence of any violation of rules in conducting enquiry against civil servant, order dismissing him from service alongwith recovery of pecuniary losses passed by Competent Authority, could not be interfered with. PLD 1983 Pesh. 140; 1987 PLC (C.S.) 522; 1993 SCMR 1440; 1997 SCMR 1543; 1999 PLC (C.S.) 423; 1998 SCMR 137; 1998 SCMR 167; PLD 1.969 SC 407; 1997 SCMR 15; 1996 SCMR 856; 1999 SCMR 2883; 1999 SCMR 2888; PLC 1992 (C.S.) 207 and 1989 PLC (C.S.) 622 ref. Shabbir Ahmed Awan for Appellant. Muhammad Moosa Laghari for Respondents Nos. l to 3. Date of hearing: 23rd February, 2000. JUDGMENT ABDUL RASHEED MEMON (MEMBER-II).---The Appellant being aggrieved and dissatisfied with the order of dismissal from service, dated 16-9-1997 passed on his departmental appeal by SASO Board and conveyed by the Managing Director, SASO preferred this appeal with the following facts: That on 19-8-1989 the appellant was serving as District Agricultural Supply Officer, Jacobabad. The Bulk Depots at Thull were in the charge of the appellant and one Mr. Khushi Muhammad was incharge of the said Bulk Depots. The said Khushi Muhammad went to his village at Garhi Khairo to enjoy Eid Holidays…
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