Law:

Section:

Sindh Civil Servants (Efficiency and Discipline) Rules, 1973-------RA(1)(a)(ii)---Sindh Service Tribunals Act (XV of 1973), S.4--­Withholding of increments was ordered against civil servant serving as Medico-legal Officer after issuing him show-cause notice on allegation that Medico-legal Certificate issued by him after examination of the injured was declared as incorrect by the Medical Board---Medical Board constituted at the instance of opposite-party allegedly had remarked that injury suffered by injured was self-inflicted, but civil servant deliberately had not mentioned the said fact in Medico-legal Certificate---Medical Board was constituted after 1$ days of issuance of Medical Certificate by civil servant and civil servant was not called on to join/participate in meeting of Medical Board to explain his view-point---Civil servant admittedly had stated in certificate that fracture was on little finger of right hand of injured---Medical Board in. its remarks had nowhere stated that there was no fracture as stated by civil servant---Board had simply remarked that from the case history it appeared that injury sustained by injured was self-suffered---Medico-legal Officer had no business to determine said nature of injury and it was for the. Court concerned to determine whether injury suffered by any of injured was self-suffered and for arriving at such a conclusion, the Court had to examine concerned Doctor---No mala fides was found on the part of civil servant and nothing was on record to indicate if civil servant had deliberately omitted to mention in Medical Certificate that injury of person of injured was self-inflicted---Civil servant after examining injured had given his expert opinion---Penalty imposed upon civil servant was neither legal nor proper nor justified---Order imposing penalty of civil servant was set aside, in circumstances. Ghulam Ali Khokhar for Appellant. Muhammad Qasim Mirjat, Asstt. A.-G. for Respondents. Date of hearing: 26th June, 2003. JUDGMENT This appeal is directed against the order dated 4-9-2001 passed by respondent No.2 awarding minor penalty of "withholding of two annual increments" to the appellant w.e.f. December, 2001. He…

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