Law:

Section:

(a) Sind Civil Servants (Efficiency and Discipline) Rules, 1973- --R. 5 (3)-Summary procedure--To be adopted only where it is clear and apparent from documents or other evidence that specific charge is proved - Competent authority to 'record reasons for decision to adopt short procedure. (b) Sind Civil Servants (Efficiency and Discipline) Rules, 1973- --R. 5 (3) (b)--Show-cause notice-Punishment proposed should be Specific-Notice proposing imposition of "all or any of the penalties described in r. 4"-Vague and bad in law. P L C 1981 (C. S.) 700 ref. Hussain Adil Khatri for Appellant. A.A. Mohammedally, A.A.G. for the State Date of hearing : 6th June, 1985. JUDGMENT Appellant Mr. Masood Ahmad Bhutto; an Agriculture Engineer has been awarded penalty of stoppage of two annual increments with cumula­tive effect by an order dated 1st August, 1982. After exhausting remedies available to him departmentally, he has preferred this appeal under section 4 of the Sind Service Tribunal Act, 1973. Facts, constituting background of the case, shortly stated are, that while appellant was serving as Superintendent, Agricultural Workshop, Tando Jam, he received an endorsement of a letter, addressed to the Agricultural Engineer, Tando Jam by the S.E. Agriculture Machinery, Hyderabad, requiring the appellant to deliver the drilling rig alongwith necessary accessories to Messrs Geo-tech Corporation, Karachi. Appellant obeyed the orders and delivered the rig including, 8 items of the acces­sories to Mr. M. A. Beg a representative of the Corporation under Gate Pass No. 88, dated 13th January, 1975. Compliance report alongwith the details of the accessories was conveyed to the Agricultural Engineer, Tando Jam vide letter, dated 27th January, 1975. Likewise Secretary Agriculture who had issued order for the delivery of the rig to the Geo-tech Corporation; was also informed by the S.E. of the action taken. On 29th September, 1979, appellant received a show-cause notice to explain why "all or any of the penalties" may not be imposed upon him for not obtaining prior permission for the purchase of car and for over-delivering items of accessories worth Rs. One lac which did not constitute…

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