Law:

Section:

Civil service---Withholding of two incrementsMinor penaltyImposition ofMinor penalty of withholding of two increments without cumulative effect was imposed upon civil servant after issuing him chargesheet and holding departmental inquiry on charge that due to his carelessness Government suffered financial lossInquiry held against civil servant was impartial and no element of prejudice or malice was found in inquiry report as civil servant had himself applauded Inquiry Officer's fair mindedness in departmental appealMinor penalty of withholding two annual increments, without cumulative effect, thus was rightly imposed upon civil servant. Naimatullah Qureshi for Appellant. Azizur Rehman for Official Respondents. Date of hearing: 15th May, 1995. JUDGMENT S. NASIM HAIDER (MEMBER).The appellant has filed this appeal against the impugned orders bearing No. XI (C W) 37/93, dated 9th May, 1994 passed by the Secretary to Government of Sindh, Communication and Works Department, wherein the minor penalty of withholding two increments with cumulative effect, upon the appellant, was imposed and upheld by the Chief Secretary to Government of Sindh vide Order dated 19101994 though without cumulative effect. 2. The brief facts of the case are that the appellant was served with chargesheet and statement of allegations, dated 14th July, 1993. A departmental enquiry was also ordered to be conducted through Mr. Ghulam Rasool Burdhi, Superintending Engineer/Director (Highways), Sukkur against the appellant and two others. In all, there were five charges against the appellant. The Enquiry Officer submitted his report a copy of which has been filed with this appeal. Thereafter, the impugned orders, dated 9th May, 1994 were passed by the competent Authority, later maintained but partly amended by the Chief Secretary, Government of Sindh vide his abovesaid orders. 3. We have heard Mr. Naimatullah Qureshi, the learned counsel for the appellant at length as well as Mr. Azizur Rehman, Standing Counsel for official respondents. We have also perused with their help the various documents and record of this case. The learned counsel for the appellant contended that out of five charges the…

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