Law: Sindh Civil Servants (Efficiency and Discipline) Rules, 1990

Section: 4

Law: Constitution of Pakistan, 1973

Section: 212(3)

Sindh Civil Servants (Efficiency and Discipline) Rules, 1990--- ----R. 4---Constitution of Pakistan (1973), Art.212(3)---Recovery of loss to government from pension/commutation of petitioner---Imposition of such penalty after retirement of petitioner from service---Plea of respondent that after his dismissal from service, he was reinstated by Chief Minister in review petition with minor penalty imposed on him, but in order of his reinstatement in service issued on 5-9-1997 by government, there was no mention of any minor penalty; that subsequently when he retired from service, government passed an order imposing such penalty of recovery, which could not be done without due notice to him and a proper inquiry under Sindh Civil Servants (Efficiency and Discipline) Rules, 1990, which exercise had not taken place---Dismissal of petitioner's appeals by departmental authority and Service Tribunal---Validity---Petitioner, prima facie, appeared to have been condemned unheard---Supreme Court granted leave to appeal in circumstances. JUDGMENT SARMAD JALAL OSMANY, J.---Mr. Ansari Abdul Latif, leased Advocate Supreme Court has submitted that the petitioner was proceeded against departmentally and the punishment of dismissal from service was imposed upon him which was never challenged before any forum. However, he filed a Review Petition before the then Chief Minister, Sindh and per the summary he was reinstated with minor penalty being imposed upon him. However, per the order of reinstatement issued by the Government of Sindh there is…

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