Law:

Section:

(a) Sind Civil Servants (Efficiency and Discipline) Rules, 1973-- ---R. 5--Stoppage of increments--Appellant an Executive Engineer was issued show-cause notice for allegedly committing certain irregularities-­Appellant denied charges and gave a comprehensive technical reply in parawise comments but Authorised Officer imposed upon him minor penalty of stoppage of two increments with cumulative effect, without holding inquiry--Perusal of show-cause notice showing that charges against appellant were of factual nature and, on denial thereof by appellant, reasonable factual evidence was needed to prove accusations, onus for which lay on the department--Appellant was not given opportunity to see evidence collected against him in respect of statement of allegations and material which had to be supplied to him in order to do full justice was not supplied to him alongwith show-cause notice--Nature of case and its particular circumstances required of Authorised Officer to hold an enquiry to meet ends of natural justice--Order imposing punishment upon appellant was set aside and case remanded to Authorised Officer to cause a detailed inquiry to be held in matter and take decision accordingly. (b) Sind Civil Servants (Efficiency and Discipline) Rules, 1973-- ---R.5--Inquiry, dispensation of--Simple statement of allegations, held, not enough to justify dispensation with procedure of inquiry--To provide civil servant with complete record of evidence alongwith statement of allegations under R.5(3) is a prerequisite to meet ends of justice. Wali Ahmad Khan v. Government of Sind 1982 P L C (C.S.) 1 rel. Naimatullah Qureshi for Appellant. Abdul Ghafoor Mangi, Asstt. A. G., for the Government. Date of hearing : 22nd December, 1986. JUDGMENT A.Q.QAZI (MEMBER).--This appeal which has been directed by the appellant against the orders of the Secretary Communication and Works Department, Government of Sind Karachi, dated 2nd February, 1985 by which the appellant has been awarded a minor penalty of withholding of two increments with cumulative effect. To state in brief the history of the case Mr. Nazar Mohammad appellant who is now a Senior Section Officer Highways was working as an…

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