Law:

Section:

Sindh Civil Servants Act (XIV of 1973)--S. 13(1)---Retirement from service under S.13(1) of Sindh Civil Servants Act, 1973 could not be equated with that of compulsory retirement---Regular inquiry was contemplated in case of compulsory retirement, whereas no such requirement was envisaged in case of retirement under S.13(1) of Sindh Civil Servants Act, 1973---Principles. Muhammad Qadeer and 2 others v. The Secretary, Defence Production Division, Government of Pakistan and others 2003 PLC (C.S.) 1389 fol. ORDER ABDUL HAMEED DOGAR, J.--- This petition for leave to appeal is directed against the judgment, dated 29-6-2006 passed by learned Sindh Service Tribunal at Karachi whereby appeal filed by respondent was accepted and he was reinstated with all consequential benefits. However, the petitioner-Department was allowed to proceed afresh against him. 2. Precisely the facts of the case leading to the filing of instant petition are that respondent Ataullah Anjum joined the Co-operative Department in November, 1969 as Junior Clerk and was subsequently promoted as Sub-Inspector. While serving in such capacity, he was deputed to serve as Office Superintendent with the Ex-Servicemen Cooperative Housing Society Limited, Karachi in the year 1996. The said Society in February, 1997 was superseded by petitioner No.2. The inventory of the items and the record of the society and other items were prepared by the then S.D.M. Gulshan-e-Iqbal, Karachi. After almost five years of supersession of said society-respondent was served with a show-cause notice, dated 10-1-2002 issued by petitioner No.2, to the effect that he has completed 25 years service within the meaning of section 13(1) of the Sindh Civil Servants Act, 1973 (hereinafter referred to as the "Act") and that he is not fit for retention in service and was required to show cause as to why he should not be retired from service for the following reasons:--- (1) Twice punished due to cheating, fraud, misappropriation committed in ex-Servicemen Cooperative Housing Society Ltd., Karachi. (2) Illegal and unlawful allotment/transfer of plots. (3) Misappropriation of amount of development charges. (4) Bogus issuance of possession…

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