Law:

Section:

Constitution of Pakistan (1973)------Art. 212(3)---Service Tribunal having struck down the order of removal from service passed against employee, Government had sought leave to appeal against said of Tribunal---Tribunal had rightly recorded that Enquiry Officer did not reach the place of holding enquiry on the stipulated date and time and without holding enquiry against employee, submitted an adverse report to the Department which was accepted as gospel truth without application of mind to the facts and circumstances of case culminating in imposition of penalty of removal from service on the employee---No question of law of public importance was involved in the case and it was not a fit case in which petition for leave to appeal should have been filed and in all propriety and fairness, the Department should have implemented of Tribunal, instead of entering luxury of uncalled for litigation at State expense. Anwar Mansoor Khan Advocate-General, Sindh for Petitioners. Respondent No.1 in person. Nemo for Respondents No.2 to 5. Date of hearing: 18th November, 2004. JUDGMENT RANA BHAGWANDAS, J.--- Petitioner-Government of Sindh seeks leave to appeal against judgment, dated 20-4-2004 of the Sindh Service Tribunal (hereinafter referred to as the Tribunal) striking down the order of removal from service passed against respondent No.1 as not sustainable and illegal and directing the Education Department to issue notification of retirement of respondent No.1 on attaining the age of superannuation. 2. Respondent No.1 being Principal was transferred from St. Patrick's College No.2, Karachi and posted as Associate Professor, Government College for Education Federal "B" Area, Karachi. Respondents Nos.2 Mazkoorur Rehman was posted as Principal of the College in his place, to which respondent No.1 took a serious exception and filed Constitutional petition before the High Court of Sindh, which was dismissed on the premise that matter relating to transfer/posting of civil servants being relatable to terms and conditions of service would squarely fall within the exclusive domain of the Tribunal. 3. Meanwhile, respondent No.1 was proceeded with, on the charge of disobedience of a…

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