Law:

Section:

Police Rules, 1934-------R.12.8---Civil Servants Act (LXXI of 1973), S.22---Sindh Service Tribunals Act (XV of 1973), S.4---Constitution of Pakistan (1973), Art. 212(3)-- Reinstatement-- Probationer---Right of appeal---Civil servant was appointed in police and during his basic training, he was terminated from service on certain allegations---Neither any show-cause notice was issued, nor any opportunity was provided to the civil servant to defend himself---Service Tribunal allowed the appeal and reinstated the civil servant in service---Plea raised by the Authorities was that under the provisions of R.12.8 of Police Rules, 1934 a probationer could be discharged from service without any show-cause notice---Validity---Officers against whom action was to be taken under R.12.8 of Police Rules, 1934 did not have any right of appeal but the officer being civil servant was governed by the provisions of Civil Servants Act, 1973---Right of departmental appeal being provided to the civil servant under Civil Servants Act, 1973, the provisions of R.12 8 of Police Rules, 1934, could not prevail over the same---Supreme Court declined to interfere with the order passed by Service Tribunal---Leave to appeal was refused. Government of Sindh v. Muhammad Hussain and 6 others 2000 SCMR 75 fol. Ainuddin Khan A.A.-G., Sindh and A.A. Siddiqui, Advocate on Record for Petitioners. M.M. Aqil Awan, Advocate Supreme Court and Faizanul Haq, Advocate-on-Record for Respondent. Date of hearing: 28th April, 2000. ORDER NAZIM HUSSAIN SIDDIQUI, J.---The petitioners, tinder Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973, have impugned the judgment dated 26-5-1999 of Sindh Service Tribunal Karachi, whereby the appeal of the respondent was allowed. 2. Respondent, Ilyas Khichi, was appointed as A.S.-I. and was, getting training at Police Training College. Saudabad Karachi, when his services were terminated on 1-4-1997 by D.I.G. Police, Larkana, in exercise of powers under rule 12.8 of the Police Rules, 1934. Said order was communicated to him through the Principal of aforesaid police training college. According to the petitioners, action was taken against the respondent due…

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