Law:

Section:

(a) Sindh Civil Servants (Efficiency and Discipline) Rules, 1973---------Rr. 4(1)(b)(iii), 5, 6 & 7---Sindh Service Tribunals Act (XV of 1973), S. 4---Removal from service---Appeal to Service Tribunal--­Appellant posted as Medico Legal Officer was removed from service on Allegation that he had issued an incorrect and fabricated medical certificate in respect of injury on a person who was medically examined by appellant---Said serious allegation having been denied by appellant, it was imperative duty of the Authority to order for conducting full-fledged regular inquiry, but instead of adopting a proper and legal course, a short cut procedure was adopted which was neither justified nor could be sustained---Medical Board which had declared certificate issued by appellant as incorrect and fabricated had examined disputed injury after two and half months of the incident---Possibility that injury in question was healed up, could not be ruled out---Appellant was not allowed to participate in the meeting of the Medical Board to explain his position and Medical Board had not supplied copy of its report to appellant, either with show-cause notice or with final show-cause notice--­Principles of natural justice had been violated and appellant was deprived of his right to defend himself properly---Order of removal from service passed against appellant, otherwise by incompetent Authority, was set aside and appellant was directed to be reinstated in service. (b) Civil service--- ----Inquiry proceedings---Nature---Inquiry proceedings were of judicial nature in which the presence of accused official was a must for the reason that Departmental inquiry was the first stage of judicial proceedings which must be conducted perfectly in accordance with the requirements and dictates of law and not whimsically---In case of doubtful proceedings, the benefit would go to the official accused. Khalid Naved v. Member, Administration and the Chairman, Pakistan Atomic Energy Commission, Islamabad 2000 PLC (C.S.) 857 and Federation of Pakistan v. Muhammad Azam Jawaid 1988 SCMR 158 ref. M.M. Aqil Awan for appellant. Mrs. Tabassum Ghazanfar, Asstt. A.-G. for Official respondents. Date of…

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