Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973--- ----R. 4---Minor penalty---Awarding of---Allegation on basis of which penalty of withholding of two increments was awarded to civil servant having been proved against him, penalty was rightly awarded to him after issuing him show-­cause notice and holding enquiry against him---Contention of civil servant was that in original show-cause notice, the penalty was not indicated, but was specified by way of corrigendum, which course was illegal---Contention was repelled as non-mention of specific penalty in show-cause notice would not make notice void and that it was sufficient to mention words "major penalty"--­Other contention of civil servant that under R. 4(1)(a)(ii) of Government Servants (Efficiency and Discipline) Rules, 1973, only one increment could be, withheld because that rule mentioned "increment" and not "increments" was also repelled in view of fact that under General Clauses Act, 1897, singular includes plural---Word "increment" thus would be read as one increment or more increments. Muhammad Aslam Kureishy for Appellant. Kh. Tariq Masood with Muhammad Ashraf, Inspector, D.R. for WAPDA. Date of hearing: 2nd February, 1995. JUDGMENT NOOR MUHAMMAD MAGSI (MEMBER).---Appellant Altaf Hussain while serving as Lower Division Clerk in the Adjudication Branch of South Zone under the Collectorate of Central Excise and Sales Tax. Customs House, Lahore was served with a charge-sheet on 5-5-1993. The charge levelled against the appellant m substance is that show-cause notice in respect of a seizure case against M/s. Paintagone Wire and Cables Industry Defence Road Lahore, was received by the appellant on 7-7-1992, but he did not put up a fair copy of show-cause notice till 14-7-1992. This resulted in the notice being time-barred as the last date of show-cause notice was 11-7-1992. Again the fair copy after the signatures was received by him on 30-7-1992 and he issued it on 8-9-1992. As a result the period for show-cause notice expired and no action could be taken thereon according to law. 2. The appellant replied to the show-cause notice explaining his position. His reply having not been found…

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