' 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 heard learned Advocate Supreme Court and perused the impugned judgment.
4. Prima facie it appears that the petitioner was condemned unheard. Hence we would, while granting leave, convert this petition into an appeal. To be listed in due course.