Law:

Section:

(a) Sind Civil Servants (Efficiency and Discipline) Rules, 1973-­- --R. 5--Civil servant's suspension for a period of more than eight years, not warranted by Rules--Suspended civil servant was thus under no obligation to attend office in compliance with arbitrary and capricious order of suspension-­Authority's order imposing minor penalty of withholding of two annual increments for civil servant's failure to remain in office for period of suspension, thus not sustainable. (b) Sind Civil Servants (Efficiency and Discipline) Rules, 1973-- ---R. 5--Sind Service Tribunals Act (XV of 1973), S. 4--Omission of Authority to supply copy of enquiry report to civil servant, vitiates enquiry proceedings. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).--This case is a sad commentary on the performance of the officers concerned of the Education Department. The departmental proceedings which were started in this case 12 years ago with suspension of the Abdul Rehman Charmer by order dated 26-8-1976, were concluded with passing of the impugned order dated 15-3-1988 whereby two annual increments due to the appellant from 1-12-1987 to 30-11-1989 have been withheld. The factual background of such a messy situation may be summarised as follows. The appellant joined the Education Department as Under Graduate Teacher. After doing his graduation he was promoted as Graduate Teacher and was later confirmed in that capacity after clearing B.Ed. examination. While he was posted at the Training College for Men, Hyderabad, he held the additional charge of Superintendent of the Hostel No. 4 attached to the said College. By order dated 3-3-1976 he was directed to hand over the charge of the said hostel to his successor. Mr. Sher Shah on the very day of the order. However, he actually handed over the charge to him on 15-4-1976. Subsequently by order dated 5-8-1970 the appellant was transferred to Government Training School, Khandkot where he resumed his duties on 23-8-1976. Three days later on 26-8-1976 he was placed under suspension, and was served with a charge-sheet dated 3-9-1976. After holding the necessary enquiry into the charges made against the appellant the Inquiry Officer allegedly submitted…

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