27 June 2004	Sunday	08 Jamadi-ul-Awwal 1425

KARACHI, June 26: A full bench of the Sindh Services Tribunal, comprising its chairman Justice Abdul Ghani Shaikh, besides Yousuf Ali Mirza and Nur Ahmad Shah as its members , allowed an appeal filed by Prof Sibte Hassan Zaidi, setting aside an impugned order transferring the appellant from the St Patricks College to the Government College for Education, FB Area.

The appellant challenged the order dated Feb 18, 1998, and during the period departmental proceedings were conducted against him. He was charge-sheeted on Oct 5, 1998, for causing obstruction in official duties of his successor, thereby denying handing over the charge and record and also for not assuming the charge as principal of the Government Education College. The then Education director of colleges, Sukkur division, was appointed enquiry officer.

The appellant was removed from service on Jan 30, 2000, against which he preferred a departmental appeal, which went un-notice. The appellant then moved the instant appeal before the SST through M M Aqil Awan.

The counsel for the appellant contended that charges against the appellant were false and manipulated. He also submitted that enquiry against him was conducted in a very casual and cursory manner as neither the appellant nor any witness was examined by the enquiry officer.

Mr Awan also argued that during enquiry proceedings no document was scrutinized, therefore the enquiry proceedings were in violation of the mandatory rules and could not be made basis for awarding any penalty.

The ADG opposed the appeal, requesting the court to dismiss the same as nothing was alleged against respondents, including Sindh chief secretary, education secretary, district officer, Education, and others.-APP