1989 PLP 263 (SCMR)
MUHAMMAD YOUSIF MEMON — Petitioner Versus GOVERNOR OF SIND — Respondent
| Citation | 1989 PLP 263 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Abdul Kadir Shaikh and Shafiur Rahman, JJ |
| Parties | MUHAMMAD YOUSIF MEMON — Petitioner Versus GOVERNOR OF SIND — Respondent |
| Primary Law | Sind Civil Servants (Efficiency and Discipline) Rules, 1973 |
Q1: What are the key laws and sections cited in 1989 PLP 263 (SCMR)?
This judgment primarily cites: Sind Civil Servants (Efficiency and Discipline) Rules, 1973 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 263 (SCMR)?
The case was heard and decided by the High Court bench comprising: Abdul Kadir Shaikh and Shafiur Rahman, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 263 (SCMR) (MUHAMMAD YOUSIF MEMON — Petitioner Versus GOVERNOR OF SIND — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Respondents.
- Date of hearing: 4th September, 1988.
Headnotes / Summary
(From the judgment/order of Sind Service Tribunal, Karachi, dated 30-4-1988 in Appeal No. 8 of 1987).
Rr. 5 & 6--Constitution of Pakistan (1973), Art. 212(3)--Dismissal from service--Contention of petitioner that he was not granted sufficient opportunity to defend case against him and copies of certain documents were not supplied to him--Record showing that petitioner fully participated in proceedings of inquiry held against him and that documents required by him were already available with him--Order of dismissal maintained. Petitioner in person.
Judgment & Decree
ABDUL KADIR SHAIKH, J.‑‑This is a petition for leave to appeal from the judgment of Sind Service Tribunal dated 30‑4‑1988 dismissing an appeal filed by the petitioner against the order of his dismissal from service dated 14‑8‑1986 by the Chief Minister Sind. Facts of the case briefly stated are that while petitioner was serving as Additional Sessions Judge, a notice was issued to him under the provisions of Sind Civil Servants (Efficiency and Discipline) Rules, 1973 to show cause why a major penalty should not be imposed upon him on the allegations set out in the notice and also the charge‑sheet served upon him by the Chief Justice of Sind High Court in his capacity as the authorised officer under the Rules. Thereafter, on the basis of Inquiry Report of a Judge of High Court, petitioner was dismissed from service by the Chief Minister by the order dated 14‑8‑1986. This order was upheld by the Service Tribunal and petitioner's appeal was dismissed, and it is in these circumstances that petitioner now seeks leave to appeal from the judgment of the Service Tribunal. Petitioner who appears in person in support of the petition submits that he was not granted sufficient opportunity to defend the case against him and copies of certain documents were also not supplied to him. After having gone through the record of the case, we find no substance both these pleas. There can be no doubt that petitioner fully participated in the proceedings of the Inquiry held against him, and it appears from the impugned Judgment of the Service Tribunal that the first complaint made before us was not even urged before the Service Tribunal. With regard to petitioner's allegation that copies of certain documents were not supplied to him, reference may just be made to the letter issued to him by the Registrar of the High Court dated 9‑4‑1988 which reads as under:‑‑ "To Mr. Muhammad Yousuf Memon, A‑21, Khayaban‑e‑Erum, Gulshan‑e‑Iqbal, 13‑B, University Road, Karachi. Subject:‑‑ SUPPLY OF COPIES. I am directed to refer your application dated 24‑3‑1988 on the above subject and to inform you that the Hon'ble Chief Justice after perusal of your above referred application has observed that your request cannot be acceded to, as most of the documents as listed in your application are available with you. As regards rest of the documents of the list, it is to inform you that they do not relate to you. Sd/‑ 9‑4‑88 (GHOUS MOHAMMAD) REGISTRAR" We therefore find no substance in both the pleas raised by the petitioner in support of the petition. It is accordingly dismissed. M.Y.H./M‑622/S Petition dismissed.