1. ' S. USMAN ALI SHAH, J.---This is a petition for leave to appeal against the judgment of the Sindh Service Tribunal dated 6-2-1989, arising out of a service matter wherein, the petitioner when posted as a Civil Judge at Mirpur Mathelo during the period of 2-1-1974 to 26-5-1975, several complaints of corruption were received against him by the Authority, on the basis of which he was transferred to Jacohabad and from where he was transferred to Moro in December, 1974 and disciplinary action was initiated against him. He was charge-sheeted and his explanation was asked. An enquiry was ordered and Ali Madad Shah, Member Inspection Team (Now Justice Retired), was appointed as Enquiry Officer, who after recording the evidence, submitted his report on 12-7-1979 in which the petitioner was held guilty of the charges of corruption etc., levelled against him. On the basis of this enquiry, the petitioner was dismissed from service on 2-12-1979. The petitioner's service appeal before the Sindh Service Tribunal was dismissed as time-barred vide order dated 3-44980. On his appeal before the Supreme Court, the case was remanded to the Service Tribunal for decision on merits, vide judgment dated 3-2-1982. This time his appeal was accepted by the Service Tribunal vide order dated 17-10-1982 and his order of dismissal was set aside. He was reinstated in service vide Notification dated 21-11-1982 but it was left open to the authority in the judgment to make amends from the stage, where the error had occurred. The petitioner was suspended on 29-11-1982 and a show-cause notice with enquiry report was served on him 'to apnear before the authorized- officer on 18-12-1982. On appearance before the authorized officer, he was asked to submit his written defence which he did so on 11-14983. He was heard in person on 15-1-1983. After a lapse of four years, the authority passed the order of removal from service of the petitioner. The petitioner filed again an appeal before the Service Tribunal which was dismissed on 6-2-1989 through the impugned judgment but it was directed that he shall be paid the emoluments admissible to him under the rules up to the date of his removal from service. Hence, this petition.
2. ' The main question raised before us by the learned counsel for the petitioner is that the charge- sheet issued by the Acting Chief Justice who was not competent to do the same as it is the only Chief Justice as an authorized officer who can issue Notification and in this regard Notification No, SOIX. Reg. (S & GAD) 2-B/1.73 dated 19-9-1974 and thus according to the learned counsel the charge sheet was not validly given and the finding on the same was a nullity. He on identical facts produced a copy of C.P.S.LA. No, K/209 of 1978 titled "Shafiqul Haq Hashmi v. Government of Sindh and 4 others" which arise out of a constitutional petition, wherein leave was granted vide order of this Court dated 16-4-1979 only on the point that authorized officer was the Chief Justice and not the Acting Chief Justice and so all the actions against the petitioner had been taken by the Acting Chief Justice, declared the entire proceedings as void ab initio. This petition was converted into Appeal No, K-30 of 1979 when came up for final hearing on 8th April, 1984 was ultimately dismissed on 8-4-1984. The learned counsel has sent a note that the question of law was left undecided by this august Court.
3. We have gone through the said judgment minutely in the light of the question raised by the learned counsel, wherein we find that the facts and question raised in this petition were almost identical to that but the same was dismissed on the final hearing.
4. ' Under the circumstances, we do not think it is a fit case where leave to appeal can be granted.
5. The result is that there is no merit in this petition which is accordingly dismisse.