Law:

Section:

Sindh Civil Servants (Efficiency and Discipline) Rules, 1973-------Rr. 3, 4(1)(b)(iv) & 5---Sindh Service Tribunals Act (XV of 1973), S. 4---Dismissal from service---Appeal---Appellant was dismissed from service after issuing him show-cause notice and charge-sheeting him, but without holding full-fledged inquiry against him on allegations of inefficiency, corruption, misconduct, unlawful practices and shortage of stock under his control---Appellant being a supervisory officer, it was his duty to keep a constant watch on the stocks; he should have made surprise or pre-arranged visits to the godowns to get the stocks periodically checked and verified to prevent any shortage/damage---Since appellant had failed to do so, he was liable to be arraigned for inefficiency and lack of vigilance---Appellant could not get away by merely shifting the responsibility to the Sales Inspector Incharge of the godown---Appellant did not deny the shortages and the loss caused to Government and he also did not deny that said shortages occurred during his stewardship---In reply to charge-sheet, appellant had admitted that there were shortages of huge amount, but he denied his culpability and asserted that Depot Incharge alone was liable for losses---Godown in which stocks were kept, were managed under double lock key system---Appellant had with him one of the keys and the other key remained with Sales Inspector who was incharge of godown---Both appellant and Sales Inspector on whom appellant wanted to shift the responsibility, were jointly and severally responsible for the safe storage of stock---Appellant's role in shortage and other wrong doings being so evident, that the inquiry, even if it had been held, could have made no difference---Such inquiry would have been, on the contrary, an exercise in futility---Authorised Officer, in circumstances had rightly exercised his discretion of dispensing with inquiry and instead issuing him a show-cause notice---Authorised Officer could do so under sub-rule (3) of R. 5 of Sindh Civil Servants (Efficiency and Discipline) Rules, 1973---Case of appellant was not that of ex parte punishment as he was afforded opportunity for personal…

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