Law:

Section:

Civil service------Dismissal from service---Civil servant was dismissed from service after charge-sheeting him, but without holding proper inquiry on the ground that he was involved in criminal case---Civil servant though was challaned in said criminal case, but Court had acquitted him as he was not found guilty--­Department should have initiated disciplinary action against the civil servant for his misconduct independently of the criminal prosecution or should have awaited at least the outcome of criminal case against him if the same was to be made sole ground for a disciplinary action against him---Civil servant having been exonerated from the accusation, the ground of his dismissal from service could not be sustained---Appeal against dismissal order tiled by civil servant though was time-barred, but order passed against the civil servant being void, ab initio, it would not gain validity with lapse of time because there was no limitation against an illegal order---Order dismissing civil servant was set aside and he was entitled to all benefits. 1998 PLC (C.S.) 1430 ref. Ansari Abdul Lateef for Appellant. Ch. Muhammad Iqbal, A.A.-G. for Respondents. Date of hearing: 19th September, 2002. JUDGMENT NUR AHMAD SHAH (MEMBER-II).---This is an appeal under section 4 Sindh Service Tribunals Act, 1973. The facts are: Appellant Abdul Karim Taggar was a Police Constable posted at Police Station Mithiani, District Naushahro Feroze when a complaint was lodged with Police station about a theft in a shop on 10-2-1997. There was no mention of any suspect much less accused in the F.I.R., The police, however, challaned the appellant in that case. The Court found him not guilty. He was, accordingly, acquitted on 16-12-1997. Meanwhile, the appellant was placed under suspension, charge-sheeted for facing the criminal charge and dismissed from service on 4-6-1997. His efforts to challenge his dismissal before his superiors bore no fruit. Hence this appeal. 2. Heard Mr. Ansari Abdul Latif, advocate for the appellant and the A.A.-G. Chaudhary Muhammad Iqbal for the Government. The counsel for the appellant argues that no proper inquiry was held by the department before imposing the…

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