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Petitioner: SHAFI MUHAMMAD SAND VS Respondent: GOVERNMENT OF SINDHHonorable Justice Sarmad Jalal OsmanyAnsari Abdul Latif, Advocate Supreme Court and Mazher Ali B. Chohan,Nemo
2009 S C M R 173
2009 S C M R 173
[Supreme Court of Pakistan]
Present: Mian Hamid Farooq, Syed Zawwar Hussain Jaffery and Sarmad Jalal Osmany, JJ
SHAFI MUHAMMAD SAND----Petitioner
Versus
GOVERNMENT OF SINDH and another----Respondents
Civil Petition No.267-K of 2008, decided on 4th November, 2008.
(On appeal against the judgment, dated 31-1-2008 passed by Sindh Service Tribunal at Karachi in Appeal No.368 of 2005 (Shafi Muhammad Sand v. Government of Sindh and another).
Constitution of Pakistan (1973)---
----Art. 212(3)---Dismissal from service---Departmental order of reinstatement nowhere mentioned any minor penalty for the civil servant---Contention of the civil servant was that in view of reinstatement order no minor penalty could be imposed without notice to the civil servant and a proper inquiry under the Rules, consequently the civil servant was entitled to be proceeded again under the relevant Rules which exercise had yet not been taken---Validity---Held, prima facie it appeared that the civil servant was condemned unheard---Supreme Court while granting leave, converted the petition for leave to appeal into an appeal and directed the same to be listed in due course.
Ansari Abdul Latif, Advocate Supreme Court and Mazher Ali B. Chohan, Advocate-on-Record for Petitioner.
Nemo for Respondents.
Date of hearing: 4th November, 2008.
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 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.
M.B.A./S-50/SC Order accordingly.