Law:

Section:

Government Servants (Efficiency & Discipline) Rules, 1973-------R.4(1)(a)(ii)---Service Tribunals Act (LXX of 1973), S.4---Imposition of minor penalty---Appeal---Minor penalty of stoppage of three increments with cumulative effect was imposed upon appellant after charge-sheeting him and holding enquiry against him on certain charges---Counsel for Authority who was present along with Departmental Representative, at the very outset, had conceded that all charges leveled against appellant had not been proved and that he had no material to support the case of the Authority---Charges leveled against appellant on basis of which penalty in question was imposed upon him, having not been proved, order imposing penalty was set aside with direction to the Authority to release all consequential benefits which were withheld as a result of said minor penalty. Sanaullah Noor Ghori for Appellant. Khalil Dogar, along with Dr. Junaid Ahmed Memon Assistant Collector Customs for Respondents. Date of hearing: 24th April, 2003. JUDGMENT AKBAR M. MEMON (MEMBER).---Appellant hereinabove has challenged the order dated 20-4-1998, whereby respondents imposed minor penalty of stoppage of three increments with cumulative effect. The order in question is reproduced hereunder:-- NOTIFICATION (CUSTOMS AND EXCISE ESTABLISHMENT) No. SS-ACE.1/98:--Consequent upon the finalization of disciplinary proceedings against Mr. Naseer Ahmed Siddiqui, Deputy Assistant Chemical Examiner (BS-16), Collectorate of Customs (Appraisement), Karachi vide Board's Charge-sheet bearing No.5/3/93-ACE.I, dated 31-10-1993, the Authorized Officer has been pleased to impose a minor penalty of "stoppage of three increments with cumulative effect". 2. The period of suspension will be treated as spent on leave if due and admissible to him. (Sd.) (SHAFIQULLAH) Secretary (ACE)" 2. Mr. Sanaullah Noor Ghori, learned counsel for the appellant has contended that the appellant is still working as Deputy Assistant Chemical Examiner with the respondents and on 31-10-1993 he was issued charge-sheet on the allegation of preparing test report in respect of samples of blended fabrics where he willfully conceded the crucial factors.…

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