Full Judgment Text & Judicial Ruling

2010 P L C (C

2010 P L C (C.S.) 572

[Supreme Court of Pakistan]

Present: Mian Hamid Farooq, Syed Zawwar Hussain Jaffery and Sarmad Jalal Osmany, JJ

SHAFI MUHAMMAD SAND

Versus

GOVERNMENT OF SINDH through Chief Secretary and another

Civil Petition No.267-K of 2008, decided on 4th November, 2009.

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 bee condemned unheard---Supreme Court granted leave to appeal in circumstances.

Ansari Abdul Latif Advocate Supreme Court and Mazhar Ali B. Chohan, Advocate-on-Record for Petitioner.

Date of hearing: 4th November, 2009.

JUDGMENT

SARMAD JALAL OSMANY, J.---Mr. Ansari Abdul Latif, Learned 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 no mention of any minor penalty at all. Subsequently, the petitioner retired from service but surprisingly thereafter the Government of Sindh passed an order imposing a minor penalty upon the petitioner being recovery of the loss to the Government to the tune of Rs.11,31,916 from his pension/ commutation. Thereafter the petitioner filed a departmental appeal without any success and then approached the learned Sindh Service Tribunal with the same result. Hence this petition.

2. Learned Advocate Supreme Court has submitted that according to the petitioner's reinstatement order dated 5-9-1997, there is no mention of any minor penalty and hence the same cannot be imposed without due notice to the petitioner and a proper inquiry under the Rules. Additionally, the Sindh government E&D Rules were replaced by the Removal from Service Ordinance, 2000 on 30-8-2000. Consequently, the petitioner was entitled to be proceeded against under the said Rules which exercise has yet not taken place.

3. We have heard learned Advocate Supreme Court and perused the impugned judgment.

4. Prima facie it appears that the petitioner was condemned un heard. Hence we would, while granting leave, convert this petition into an appeal. To be listed in due course.

S.A.M./S-13/SC Leave granted.

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