Law:

Section:

(a) Sind Civil Servants (Efficiency and Discipline) Rules, 1973-- ---R.4(1)(a)(ii)--Sind Government Letter No.SOIX-Reg(S&GAD) 4/14-77, dated 27-7-1978--Penalty of withholding of increments-­Validity--Term cumulative effect--Meaning and scope--Withholding of increments has to be ordered for specific period which does not mean permanently--Words "cumulative effect" mean permanently for all time to come and thus runs counter to intention of R.4--Instructions contained in Letter No.SOIX-Reg (S&GAD) 4/14-77, dated 27-7-1978 whereby discretion vested in competent authority to specify period for which increment was to be withheld was taken away and that whenever increment is withheld it shall have cumulative effect, held, .not in confirmity with statutory Rule and have no effect of amending or overriding statutory Rule--Discretion of competent authority if intended to be taken away or curtailed could be exercised by amending relevant Rule and not by issuance of circular letter. (b) Civil service-- ---Rules--Instructions/ directions issued by Government from time to time have force of Rules but cannot have effect of amending or overriding statutory Rules. (c) Sind Service Tribunals Act (XV of 1973)-- ---S.4--Sind Civil Servants (Efficiency and Discipline) Rules, 1973, R.4--Quantum of punishment--Engineer charged for failure to check measurements in accordance with Rules--Display of inefficiency--Penalty of withholding 3 annual increments, held, a bit severe--Withholding of two increments, would meet ends of justice--Penalty altered accordingly by service Tribunal. Manzoor Ali Khan for Appellant. Rasheed Akhtar Qureshi for Respondents. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).--By this appeal the appellant has called in question the order of Secretary to Government of Sind, Communication and Works Department, dated 21-3-1985 whereby minor penalty of stoppage of three increments falling due on 1-12-1985, 1-12-1986 and 1-12-1987, with -cumulative effect was impose. The learned counsel for the appellant did not press the appeal on merits. He however, prayed for reduction in the penalty imposed upon the appellant. He also urged that the words "with cumulative effect"…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492