| Case ID |
100770e8-4c5e-4d23-be98-4fcff8cba8b7 |
| Body |
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| Case Number |
Appeal No.31 of 1998 |
| Decision Date |
Apr 06, 1999 |
| Hearing Date |
|
| Decision |
The Tribunal found that the dismissal of Saleem Raza from service was void due to procedural irregularities. The authority that dismissed him was not competent to do so as the Chief Secretary should have been the one to issue such orders. The Home Secretary acted outside his jurisdiction, leading to a dismissal that was deemed illegal and non-judicial. The Tribunal emphasized that proper procedures under the Sindh Civil Servants (Efficiency and Discipline) Rules must be followed, including the issuance of a final show-cause notice and an inquiry report. The Tribunal ultimately set aside the dismissal order and noted that the appellant could face de novo proceedings if the government chose to pursue them. |
| Summary |
This case revolves around the dismissal of Saleem Raza, an Assistant Superintendent of Jail in Sindh, under the Sindh Civil Servants (Efficiency and Discipline) Rules, 1973. The Tribunal highlighted critical procedural flaws in the dismissal process, including the lack of a proper inquiry and the issuance of show-cause notices by an unauthorized officer. The decision underscores the importance of following established legal frameworks when dealing with civil servants' disciplinary actions. The significance of adherence to procedural rules is paramount, reaffirming that any dismissal without jurisdiction is void. This case serves as a legal precedent emphasizing that even high-ranking officials must comply with the law, ensuring that justice is served by maintaining procedural integrity. Keywords: dismissal, procedural irregularities, Sindh Civil Servants Rules, jurisdiction, inquiry. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
|
| Judges |
ABDUL MAJID KHANZADA (CHAIRMAN),
S. NASIM HAIDER (SENIOR MEMBER)
|
| Lawyers |
|
| Petitioners |
SALEEM RAZA
|
| Respondents |
GOVERNMENT OF SINDH through Home Secretary, Karachi and 2 others
|
| Citations |
2001 SLD 2012,
2001 PLC 1123
|
| Other Citations |
PLD 1990 Quetta 8
|
| Laws Involved |
Sindh Civil Servants (Efficiency and Discipline) Rules, 1973,
Sindh Government Rules of Business, 1986
|
| Sections |
5(6),
6,
7,
19
|