Law:

Section:

(a) Sindh Service Tribunals Act (XV of 1973)--- ---S. 3-B---Sindh Civil Servants (Efficiency and Discipline) Rules, 1973, R.5(3)---Constitution of Pakistan (1973), Art.212 (3)---Leave to appeal was granted by Supreme Court to consider; whether the conduct and performance of judicial officer was such which warranted major penalty of removal from service without holding a regular inquiry into the allegations against him. (b) Sindh Civil Servants (Efficiency and Discipline) Rules, 1973--- ----R. 5---Conducting of inquiry---Procedure to be adopted---Regular inquiry, dispensing with---Principles---Authorized officer has to decide as to which of the two procedures provided in R.5 of Sindh Civil Servants (Efficiency and Discipline) Rules, 1973, has to be adopted---If authorized officer is in favour of adopting summary procedure, he should exercise such discretion with extra care so that no prejudice is caused to the civil servant facing departmental proceedings for the charge of misconduct---Decision regarding dispensation of regular inquiry always depends on the nature of charge and circumstances of each case---In a case in which charge cannot be established without recording evidence and providing a proper opportunity to civil servant to cross-examine witnesses and also produce evidence in defence, dispensation of regular inquiry is not justified except in extraordinary circumstances. (c) Sindh Civil Servants (Efficiency and Discipline) Rules, 1973--- ----Rr. 4 (1)(b)(iii) & 5 (3)---Sindh Service Tribunals Act (XV of 1973), S.3-B---Removal from service---Regular inquiry, dispensing with---Factual controversy---Misuse of power---Allegation---Judicial officer was alleged to be guilty of misconduct and he was removed from service without holding a regular inquiry---Allegation against judicial officer was that despite order passed by High Court, he proceeded with execution petition---Judicial officer in his reply to show cause notice categorically stated that he had no knowledge of the order of High Court regarding calling of record in ejectment petition and proceeded with execution petition in accordance with the requirement of law---Validity---Factual controversy…

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