Law:

Section:

(a) Sindh Civil Servants (Efficiency and Discipline) Rules, 1973------Rr. 3 & 4---Dismissal from service---Embezzlement and forgery, charge of---Non-appearance of civil servant before Inquiry Officer though summoned repeatedly. .Issuance of show-cause notice and final show-cause notice---Civil servant in replies to such notices did not deny such charges, but his plea was that such transaction had taken place with approval of .then Additional Deputy Commissioner---Validity---Where more than one culprit were involved in a malfeasance, then they would be severally and jointly liable for such action---Best course for civil servant was to have appeared before Inquiry Officer and clarified his position---Absence from enquiry proceedings would give rise to adverse inference against civil servant---Alleged charges could be proved or disproved on basis of documentary evidence in absence of regular enquiry---Inquiry Officer found civil servant to be the main culprit--Service Tribunal dismissed appeal of civil servant in circumstances. (b) Tort- ----Malfeasance---Involvement of more than one culprit in a malfeasance---Effect---All culprits would be liable for such action severally and jointly. Muhammad Nawaz Shaikh for Appellant. Tabassum Ghazanfar, A.A.-G. for Respondents. Date of hearing: 25th October, 2004. JUDGMENT NUR AHMAD SHAH (MEMBER-I)---This" is an appeal under section 4 Sindh Service Tribunal Act; 1973. The appellant, a Junior Clerk in the office of the Executive District Officer (EDO) Revenue, Dadu was served with a show-cause notice on 28-12-2001, accusing him of the several acts of forgery and embezelment. He denied the allegations. However, it is stated in the appeal, without a regular enquiry, the appellant was dismissed from service on 2-7-2002. He was also asked to pay the defalcated amount of Rs.237,174. He went in appeal before the Senior Member, Board of Revenue who advised him to approach the proper forum which in his case was the Service and General Administration Department. Instead, the appellant filed the instant appeal. In their written statements, the respondents have re-iterated the allegations of frauds and forgeries against the…

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