Law:

Section:

Sindh Civil Servants (Efficiency and Discipline) Rules, 1973--- R. 4---Penalty of removal from service---Reduction of---Penalty of removal from service was imposed on civil servant on finding him guilty of negligence in discharging of his official duties---No doubt, act of civil servant on basis of which penalty of removal from service was imposed on him could be termed as negligence on his part, but his negligence did not lead to any serious consequence---Civil servant deserved punishment for his act of negligence, but circumstances of case did not call for inflicting or him extreme punishment of removal from service so as to deprive him and his family of very source of livelihood---Although justice had got to be done, yet it should be tempered with mercy---Punishment awarded to civil servant which was too severe, should be so reduced as to make it proportionate to gravity of charge proved against civil servant---Penalty of removal from service awarded to civil servant was directed to be reduced to penalty of withholding one annual increment without cumulative effect, in circumstances. Abdul Sattar Mughal for Appellant. Azizur Rehman for Respondents. Date of hearing: 2nd February, 1995. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).---The appellant Sikandar Ali Shah, was a junior clerk in the office of Mukhtiarkar, Tando Allahyar, and was assigned the duties of second Munshi/Jailer, Sub-Jail, Tando Allahyar when on 17-4-1993, he was served with charge-sheet which reads asunder:-- "I, Abdul Ghaffar Soomro, Secretary (Revenue), Board of Revenue, Sindh, being the Authorised Officer' do hereby charge-sheet you, Mr. Sikandar Ali Shah, Junior Clerk Office of the Taluka Mukhtiarkar, Tando Allahyar on the following acts of negligence, inefficiency and misconduct in discharge of your normal official duties:-- (1) That while posted as Junior Clerk, in Taluka Mukhtiarkar, Tando , Allahyar you were also Jailor, Sub-Jail Tando Allah Yar. (2) That one accused Rahib Thebo son of Muhib Ali Thebo who was involved in heinous crime of murder was remanded in sub-Jail Tando Allahyar in above crime on 15-8-1992 and was to be shifted to Central Jail, Hyderabad on next day i.e. 16-8-1992…

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