Law:

Section:

Sindh Civil Servants (Efficiency and Discipline) Rules, 1973--- ----R. 4---Withholding of increments---Appellant, Assistant City Survey Officer, allegedly contravened S.21 of West Pakistan Land Revenue Act, 1967, which was likely to cause loss of about rupees four lacs to Government---After charges against appellant were proved through an inquiry, his four increments were stopped with cumulative effect---Appellant's counsel stated that he did not press appeal on merits and requested for reduction in penalty---Appellant suffered mentally as well as financially for over one and half decades---Order made by appellant which was likely to put Government to loss had already been nullified and loss was avoided---Rate of increment at time of passing impugned order had become greater 'than rate when he was punished ---Held, reduction of sentence was justified in case of appellant---Order was passed accordingly and only two increments instead of four were stopped and that too without cumulative effect. Date of hearing: 28th September, 1989. J UDGMENT MUNAWAR ALI KHAN (CHAIRMAN).--This case is more than 16 years old. It stemmed from the order dated 19-3-1973 passed by the appellant in the capacity of Assistant City Survey Officer, Karachi. The said order was purported to have revised the alignments of the plot No.LY-72/1 /5 fixed during the city Survey Operations conducted in 1940. As such the appellant was alleged to have contravened section 21 of West Pakistan Land Revenue Act and thereby caused loss of about 4 lacs to the Government. Therefore, he was charge-sheeted and Additional Commissioner, Karachi was appointed as enquiry officer to make enquiry into the said mishap. After completing the enquiry, he submitted his detailed report on 11-7-1975 holding that out of seven charges four charges were proved against the appellant. On the basis of the said report, the Secretary, Revenue Department found the appellant guilty and punished him by withholding his four annual increments with cumulative effect vide his order dated 31-7-1977. The appellant challenged the order of his punishment before the Chief Secretary who by his order dated 28-8-1978 rejected his appeal.…

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