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Petitioner: MOULA BUX VS Respondent: THE GOVERNMENT OF SIND Through Secretary, Government Of Sind. S&GAD, Karachi And 2 Others
Court Name: Sindh Service Tribunal Judge(s): Munawar Ali Khan, A. Q. Qazi, Manzoorul Haq Effendi Title:MOULA BUX vs THE GOVERNMENT OF SIND Through Secretary, Government
Of Sind. S&GAD, Karachi And 2 Others Case No.: Appeal No. 15 of 1984 Date of Judgment:1987-05-17 Reported As: 1987 PLC (C.S.) 808 Result: Case remanded Judgment ORDER MUNAWAR ALI KHAN (CHAIRMAN).--By this appeal appellant Moula Bux has challenged the order of termination of his service. The impugned order which is dated 1-11-1981 reads as under:- "OFFICE ORDER for (Muhammad Ismail) Deputy Commissioner, Sanghar." It is clear from the above order that the services of the appellant were dispensed with on the ground that he was a dismissed Tapedar. However, it is an admitted position that no show-cause notice was given to the appellant before passing of the impugned, order. Therefore, he got no opportunity to explain if the allegations of his being dismissed Tapedar were correct. Even otherwise the termination of his services was not simpliciter. It was accompanied by blemish namely that he was a dismissed Tapedar. In such a case the appellant was entitled to show-cause notice which as pointed out earlier was not given to him. Accordingly we are of the opinion that the impugned order cannot be sustained which is accordingly set aside and appeal is allowed with no order as to costs. However this is a fit case to be, remanded back to the authorities concerned with a direction, that they may proceed afresh in accordance with the Sind Civil Servants' (Efficiency and Discipline) Rules 1973 and then pass such order as is deemed appropriate. Pending conclusion of departmental action against the appellant he will remain under suspension unless the competent authority decides in its discretion to reinstate him in service. A.A./129/Sr.S.