| Case ID |
2e0c15fe-b1e2-417a-8594-a04efb317696 |
| Body |
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| Case Number |
Appeal No. 224 of 1999 |
| Decision Date |
Apr 21, 2003 |
| Hearing Date |
Nov 22, 2002 |
| Decision |
The appeal is accepted and both the impugned orders dated 27-1-1999 and 8-5-1999 passed by the respondents are set aside as being unjust, unwarranted, and of no legal consequence. The penalties imposed on the appellant were declared invalid due to the lack of lawful authority of the Advisor to the Chief Minister, who had acted as Competent Authority. The court ruled that the approval for the penalty was coram non judice, and the proper authority should have been the Chief Minister. As the appellant had already reached the age of superannuation during the pendency of the appeal, it was ordered that he be deemed in service for pensionary benefits from 27-1-1999 until 13-7-2000. |
| Summary |
This case revolves around the administrative actions taken against a civil servant, Abdul Ghani Shaikh, who faced major penalties including compulsory retirement due to allegations of misconduct, specifically bogus and double allotments of plots while serving as Administrator of the Works Cooperative Housing Society. The Sindh High Court found that the approval for the penalties was invalid as the Advisor to the Chief Minister acted beyond lawful authority, leading to a significant decision that highlights the importance of adhering to constitutional mandates in administrative processes. The court not only provided relief to the appellant but also set a precedent regarding the necessity for lawful authority in disciplinary actions against civil servants. This case underscores the critical balance between administrative discipline and legal compliance, making it a key reference point in civil service law within Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
Sindh Cooperative Housing Authority
|
| Judges |
ABDUL GHANI SHAIKH,
YOUSUF ALI MIRZA,
MUHAMMAD ARIF SIDDIQUI
|
| Lawyers |
Muhammad Arif Lateef,
Ch. Muhammad Iqbal, A.A.-G.
|
| Petitioners |
ABDUL GHANI SHAIKH
|
| Respondents |
GOVERNMENT OF SINDH through Chief Secretary, Karachi and another
|
| Citations |
2003 SLD 1095,
2003 PLC 1252
|
| Other Citations |
2001 YLR 304,
1991 PLC (C.S.) 444,
PLD 2000 Karachi 333
|
| Laws Involved |
Sindh Civil Servants (Efficiency and Discipline) Rules, 1973,
Sindh Service Tribunals Act (XV of 1973)
|
| Sections |
3,
4(b)(ii),
5(4)(b),
4
|