KARACHI, Nov 30: The Supreme Court upheld on Tuesday a Sindh Service Tribunal order against removal of a college principal and dismissed a petition for leave to appeal.
Prof Syed Sibte Hasan Zaidi, principal of St Patrick's College, was transferred and posted as associate professor, Government College for Education, Federal 'B' Area, early in 1999.
He challenged his transfer but the high court dismissed his petition as it involved matters relating to terms and conditions of service of a civil servant, which were exclusively triable by the service tribunal.
The professor was, meanwhile, proceeded against for disobedience of a lawful order by not handing over charge of office to the new principal and by not assuming his own new office as associate professor.
He denied the allegations and a departmental inquiry was instituted. While the professor reached the venue of inquiry in time, the IO did not turn up until half an hour later.
An inquiry was held behind his back and he was removed from service. The professor moved an appeal before the SST, which declared the inquiry null and void. But since he had retired from service in the meanwhile, the tribunal, instead of reinstating him in service, ordered that he should be paid all his remunerations from the date of removal and pensionary benefits due on his retirement from service.
Appearing for Sindh government, AG Mansoor Khan submitted he had advised the education department against challenging the SST order as no question of law was involved for determination by Supreme Court. An SC bench, comprising Justices Rana Bhagwandas and Hamid Ali Mirza, dismissed the petition for leave to appeal.
