Law:

Section:

Sindh Civil Servants (Efficiency and Discipline) Rules, 1973-------Rr. 3, 4 (b)(ii) & 5(4)(b)---Sindh Service Tribunals Act (XV of 1973), S.4---Awarding of major penalty of compulsory retirement---Penalty of compulsory retirement was awarded on civil servant after charge-sheeting him and holding enquiry against him on the allegation that while working as Administrator, Works Co-operative Housing Society, had made certain bogus and double allotments of plots of the Society---Approval of Competent Authority under R.5(4)(b) of Sindh Civil Servants (Efficiency and Discipline) Rules, 1973 was a condition precedent for awarding major penalty to a civil servant---Advisor to Chief Minister for Cooperation delegated with powers of Minister in the present case had acted as competent authority who accorded the said approval---Very appointment of Advisor to Chief Minister being in violation of the Constitution, was declared as invalid and without lawful authority by the High Court in the case reported as PLD 2000 Karachi 333 and orders passed by said Advisor were also declared as being without lawful authority and of no legal effect---Approval for awarding major penalty of compulsory retirement to civil servant by said Advisor in capacity of Competent Authority was without lawful authority and coram non judice---Departmental appeal addressed to Chief Secretary, should have been forwarded to Chief Minister because major penalty to civil servant was awarded with approval of Minister, but same was decided by Chief Secretary whose status was below the status of Minister ---Order passed on departmental appeal by Chief Secretary was also without lawful authority and coram non judice---Both orders passed by incompetent Authorities were set aside by Service Tribunal in appeal as being unjust, unwarranted and of no legal consequences. 2001 YLR 304; 1991 PLC (C.S.) 444 and Ahmed Yosuf Ali Rizvi and others v. Munawar Ali Butt and others PLD 2000 Kar. 333 ref. Muhammad Arif Lateef for Appellant. Ch. Muhammad Iqbal, A.A.-G. for the Official Respondents. Date of hearing: 22nd November, 2002. JUDGMENT ABDUL GHANI SHAIKH (CHAIRMAN).---The facts relevant for the purpose of disposal of…

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