| Citation(s) |
|---|
| 2008 SLG 2082 2008 SLD 2082 2008 PLC 546 |
Service Tribunal, Sindh
Appeal No.380 of 2005, decision dated: 28-08-2007.
JUSTICE (RTD.) ABDUL GHANI SHAIKH, CHAIRMAN, ASHIQUE HUSSAIN MEMON, MEMBER-I AND QABOOL AHMED SHAIKH, MEMBER-II
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Appeal No.380 of 2005, decision dated: 28-08-2007.
JUSTICE (RTD.) ABDUL GHANI SHAIKH, CHAIRMAN, ASHIQUE HUSSAIN MEMON, MEMBER-I AND QABOOL AHMED SHAIKH, MEMBER-II
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SAQIB AHMED SOOMRO
VS
CHIEF MINISTER, SINDH and another SAQIB AHMED SOOMRO vs CHIEF MINISTER, SINDH and another
Law:
Section:
Sindh Removal from Service (Special Powers) Ordinance (IX of 2000)-------Ss. 3 & 5---Sindh Service Tribunals Act (XV of 1973), S.4---Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, R.4---Stoppage of two annual increments---Appeal---Appellant was proceeded against departmentally on allegation that while posted as Secretary, he had committed certain acts of misconduct and minor penalty of stoppage of two annual increments was awarded to him after issuing him show-cause notice and holding inquiry against him---Contention that Chief Secretary was not competent to initiate disciplinary proceedings as appellant being in B-18, only Chief Minister being the appointing Authority, was competent to initiate proceedings in the capacity of competent Authority, was repelled---Competent Authority could authorize any officer or Authority not being inferior in rank to the Appointing Authority prescribed for the post held by the person against whom action was proposed to be taken, to exercise the powers of competent Authority---Under Rule 4 of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, Chief Secretary was the appointing Authority of officers of B-18---Chief Minister, in circumstances, had rightly authorized the Chief Secretary to initiate proceedings against appellant---Appellant had neither challenged the impartiality of the members of the Inquiry Committee nor had alleged malice or animosity against any of the Members of the Inquiry Committee---Inquiry was conducted in proper way and manner in which appellant participated and his statement was also recorded---Appeal otherwise being barred by time, was dismissed. Haji Muhammad Ismail's case 1987 MLD 2457 ref. Muhammad Nawaz Shaikh for Appellant. Mrs. Tabassum Ghazanfar, Asstt. A.-G. for Respondents. Date of hearing: 26th April, 2007. JUDGMENT JUSTICE (RTD.) ABDUL GHANI SHAIKH (CHAIRMAN).---This appeal is directed against the original impugned order, dated 12-3-2005 passed by the Chief Minister, Sindh/Competent Authority, awarding minor penalty of stoppage of two annual increments to appellant. 2. In brief, facts of appellant's case are that he was proceeded against…
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