| Citation(s) |
|---|
| 2006 SLG 1737 2006 SLD 1737 2006 PLC 671 |
Service Tribunal, Sindh
Civil Appeal No.194 of 2003, decision dated: 28-07-2005.
ABDUL GHANI SHAIKH CHAIRMAN, NUR AHMAD SHAH AND MUHAMMAD AYUB SHAIKH, MEMBERS, II.
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Civil Appeal No.194 of 2003, decision dated: 28-07-2005.
ABDUL GHANI SHAIKH CHAIRMAN, NUR AHMAD SHAH AND MUHAMMAD AYUB SHAIKH, MEMBERS, II.
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MANZOOR HUSSAIN
VS
PROVINCIAL POLICE OFFICER and others MANZOOR HUSSAIN vs PROVINCIAL POLICE OFFICER and others
Law:
Section:
Sindh Civil Servants (Efficiency and Discipline) Rules, 1973-------Rr. 4(l)(b)(i) & 5---Sindh Service Tribunals Act (XV of 1973), S.4---Imposition of penalty of reduction in rank---Appeal---Major penalty of reduction in rank was imposed on appellant after issuing him show-cause notice on allegation that he being a police official had tortured an under-trial accused---Regular inquiry was dispensed with, but subsequently an Inquiry Officer was nominated to probe the matter who recorded statements of 9 witnesses, but none of them implicated appellant---Such inquiry report, by no means could be used as piece of evidence against appellant---Appellant was proceeded with departmentally on complaint of person who was allegedly tortured, but in said complaint person other than appellant was nominated---Neither any preliminary inquiry was conducted to collect material against appellant nor any regular inquiry was conducted in order to arrive at a proper conclusion as to whether appellant was guilty of the charge made against him---Appellant could not be held guilty of charge as mentioned in show-cause notice---Impugned orders based upon such imaginary report, were not maintainable. 1983 PLC (C.S.) 1097; 1993 PLC (C.S.) 698; 1995 PLC (C.S.) 349; 1997 TD (Service 274; 2000 PLC (C.S.) 270; PLJ 2003 TRC Service 66; 2003 TD (Service) 247; 2003 PLC (C.S.) 353; 2003 PLC (C.S.) 395 and 2003 PLC (C.S.) 1445 ref. Sanaullh Noor Ghauri for Appellant. Tabasum Ghazanfar, Asstt. A.-G. for Respondents. Date of hearing: 28th July, 2005. JUDGMENT ABDUL GHANI SHAIKH (CHAIRMAN).---This appeal under section 4 of the Sindh Service Tribunals Act, 1973, is directed against the original impugned order dated 29-8-2003 passed by respondent No.2 whereby major penalty of reduction in rank was imposed upon appellant and appellate order dated 18-10-2003 passed by respondent No. l rejecting appellant's departmental appeal. 2. Relevant facts for the purpose of disposal of the instant appeal are that appellant joined police department as constable and gradually promoted upto the rank of Sub-Inspector in the year, 2001. Lastly, he was posted at Police Station Saddar Investigation Karachi, when on…
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