' NAZAR MUHAMMAD SHAIKH (MEMBER).--- Appellant has filed this appeal against respondent No,2's order dated 27-12-2001 whereby appellant has been retired under section 13(1)(1) of Civil Servants Act, 1973 as amended vide Civil Servants (Amendment) Ordinance, 2000. Departmental appeal filed by the appellant has not been responded despite lapse of prescribed statutory period.
2. The facts of the case indicate that the appellant at the time of retirement had rendered about sixteen (16) years service and had never been awarded any major or minor punishment during his career. The proceedings against the appellant started with the issuance of Show-cause notice dated 29-5-2001 which was issued under Civil Servants (Efficiency and Discipline) Rules of 1973 containing the following allegations: "That on 17-5-2001 you demanded Rs,500 from Muhammad Saleem Akhtar Mughal son of Muhammad Tufail resident of R-303 Railway Society, 2 Gulistan-e-Johar B-I-I 6/A Karachi for submitting verification report of N.I.C. Bearing Citizen Code No,520-40-130855 in the Court of IInd Judicial Magistrate Malir Karachi and got Rs,200 through Mr. Aijaz Ali Jaffery, Naib Qasid, DRO, Karachi Malir.
' The above act on your part tantamounts to misconduct."
' The appellant in his response to the show-cause notice on 18-5-2001 denied the allegations.
3. Learned counsel for the appellant stated that the appellant was proceeded under Civil Servants (Efficiency and Discipline) Rules of 1973 but was retired under the provisions of Civil Servants Act of 1973 and as such the proceedings are void. In support of his contentions he relied on a ruling reported in 2003 PLC 600 and 2003 SCMR 1720=2003 PLC (C.S.) 1303.
4. Learned counsel for the respondents could not submit any evidence that the proceedings against the appellant had been conducted strictly in accordance with the Establishment Division's instructions wherein procedure has been prescribed for retiring an employee under section -13 of the Civil Servants Act 1973.
5. In view of the above facts, that no proceedings had taken place under section 13 of the Civil Servants Act of 1973 the impugned order becomes null and void which is set aside. Appellant is reinstated in service. Respondents are directed to conduct de novo proceedings against the appellant under the relevant law affording him full opportunity to defend the allegations which should be completed within a period of four months from the date of this judgment. The question of back benefits will be decided upon the result of the de novo proceedings.
' Announced in open Court.