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Appeal No. 54 of 1978, decided on 25th June 1979.
---S. 4‑Departmental appeal filed before wrong forum‑Appeal before Tribunal not maintainable‑Impugned order passed by Additional Chief Secretary being incharge of Irrigation and Power Department‑An order in his capacity as Secretary‑Appealable before Chief Secretary‑Appeal filed before Chief Minister, held, not proper for having been filed in wrong forum‑‑Appeal, in circumstances, held, not maintainable before Tribunal‑Sind Civil Servants (Appeal) Rules, 1974, r. 3, Sched., Serial No. 4 read with Sind Civil Servants (Appointment, Promotion and Transfer) Rules, 1975, r.2(k).
Naimatullah Qureshi for Appellant:
Assistant Advocate‑General for Respondent.
.‑This is an appeal under section 4 of the Sind Service Tribunals Act, 1973 filed by Mr. Muttaqqi Hassan Rizvi against the impugned order dated 31‑3‑1978 and upheld in appeal by the Chief Minister, reverting him from Grade 16 to Grade 11.
During arguments, a legal point was raised whether the appellate authority in this case was the Chief Secretary or the Chief Minister. It was argued by the Advocate of the appellant that since the impugned order was passed by the Additional Chief Secretary, the departmental appeal was to be made to the next higher authority i.e., the Chief Minister. Section 2(k) of the Sind Civil Servants (Appointment, Promotion and Transfer) Rules, however, lays down that "Secretary" includes Chief Secretary or Additional Chief Secretary Incharge of a Department. Thus the Additional Chief Secretary being incharge of the Irrigation and Power Department passed the impugned order in his capacity as Secretary of the Department. Hence the depart mental appeal was required to be filed before the Chief Secretary vide Serial No. 4 of the Schedule referred to in rule 3 of the Sind Civil Servants (Appeal) Rules, 1975. But the appellant chose wrong forum and made departmental appeal to the Chief Minister. Hence the present appeal filed in this Tribunal is not maintainable.
In view of the legal point explained above, it is not necessary to deal with the merits of the case.
In the circumstances the appeal is dismissed.
Appeal dismissed.
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