Case Details

Citation(s)
1984 SLG 1120 1984 SLD 1120 1984 PLC 357
Service Tribunal, Sindh
Appeal No. 34 of 1983, decided on 28th November, 1983.
MUSHTAK ALI KAZI, CHAIRMAN AND R. M. ISHAQUE MEMBER SULTAN

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AHMAD

VS

SECRETARY TO GOVERNMENT OF SIND, LABOUR AND CO-OPERATION DEPARTMENT

Law:

Section:

(a) Sind Civil Servants (Efficiency and Discipline) Rules, 1973- --Rr.2 (4) & 5 (3) -- Misconduct-Distinguished from "in­efficiency"- Inefficiency-Means lack of proper action equivalent to negligence-Accused alleged to have been inefficient in discharge of duty properly-Show-cause notice issued with allegation of misconduct and without mentioning particular penalty and instead proposing imposition of "any of the penalties described under rule 4"-Penalty of reducing one stage below in time-scale for period of two years imposed-In absence of defining offence and mentioning specific penalty in show-cause notice impugned penalty order, in circumstances, held, not sustainable - Sind - Service Tribunals Act (XV of 1973), S. 4. (b) Sind Civil Servants (Efficiency and Discipline) Rules 1973 - --R.5 (3)-Show-cause notice--Personal hearing-Option given to accused in show-cause notice and replied in affirmative-Cannot be denied. Abdul Hamid v. The Province of West Pakistan P L D 1963 S C 460; Zafar Muhammad Khan v. Islamic Republic of Pakistan P L D 1968 Lab. 416 and Sohrab Khan Kalwar v Secretary to the Government of Sind, Department of Food P L D 1980 S C 279 rd. Faiz Muhammad Soomro for Appellant. Hassan Akbar Addl. A.G. for Respondent. Date of hearing: 23rd November, 1983. JUDGMENT MUSHTAQ ALI KAZI (CHAIRMAN). -- The appellant, an Assistant Registrar, Co-operative Societies, has preferred this appeal, against the order of Secretary, Labour and Co-operation, reducing the appellant one stage below the then stage of his time-scale, for a period of two years and the order of Chief Secretary dismissing his appeal. The facts of the case in brief are that the appellant was working as Assistant Registrar, Co-operative Societies, with effect from 25th August, 1977 with a total service of 24 years in the Co-operative Department. He was transferred on deputation from 18th October, 1979 as Assistant Registrar, Sind Provincial Co-operative Bank Limited, Hyderabad, in the Recovery Cell. He received a show-cause notice, dated 16th February, 1981 from the Administrator of the Bank alleging misconduct on his part in the discharge of his duties, since he was not able to effect 25%…
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