Law:

Section:

Sindh Civil Servants (Efficiency and Discipline) Rules, 1973-------Rr. 4(1)(b)(iv) & 8---Sindh Service Tribunals Act (XV of 1973), S. 4---Dismissal from service---Appeal against---Appellant who was serving as Reader to a Civil Judge was dismissed from service without holding inquiry against him on ground that he was convicted and sentenced to 9 months R.I. by Summary Military Court---Appellant was convicted and sentenced by Summary Military Court on filing complaint against him on allegation of fraud and misrepresentation without affording him an opportunity of hearing---On filing Constitutional petition in High Court against order of his conviction and sentence passed by Summary Military Court, High Court had declared same as mala fide and without jurisdiction---Appellant's departmental appeal filed against order of his dismissal from service, having been dismissed, appellant had approached Service Tribunal in appeal praying that since the very foundation of order of his dismissal, namely his conviction and sentence by Summary Military Court, had ceased to exist, order of his dismissal should be set aside---Admittedly since very foundation of order of dismissal of appellant from service which was conviction by Military Court had been declared mala fide, without jurisdiction and of no legal effect, superstructure on said basis would wholly collapse---Impugned order in consequence of acquittal of appellant, would not hold field---Order of dismissal of appellant could not be maintained---Said order was set aside---Appellant, however having already attained age of superannuation, would only be entitled to monetary benefits from date of passing of impugned order in accordance, with law. Muhammad Sardar v. Senior Member (Estab.) Board of Revenue 1985 SCMR 1062; Azharul Haq v. Director of Food, Punjab 1991 SCMR 209; Muhammad Hussain v. Collector, Central Excise and Land Customs, Rawalpindi 1989 PLC (C.S.) 175; Attaullah Shaikh v. WAPDA 2001 SCMR 269; Ch. Muhammad Azhar's case PLJ 2003 SC 493 and Zaffar Ullah Khan v. Secretary, Government of Punjab 2004 PLC (C.S.) 1438 ref. Abrar Bukhari for Appellant. Ahmad Ali Pirzada, Addl. A.G. for Respondents. Manzoor Ahmed,…

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