Law:

Section:

Sindh Civil Servants (Efficiency and Discipline) Rules, 1973------Rr. 3 & 4(1)(b)(iv)---Sindh Service Tribunals Act (XV of 1973), S.4---Dismissal from service---Appeal---Appellant serving as Food Grain Inspector was proceeded against departmentally on allegation that 1165 bags of wheat under his control were found short---After serving final show-cause notice on appellant, major penalty of "reduction to a lower post of Food Supervisor to a lower stage in the time scale for the period of two years" and recovery of losses amounting to Rs.7,60,162/50 was imposed upon him---Appellant filed Departmental appeal against imposition of said penalty---During pendency of said departmental appeal, appellant was directed to pay Rs.100,000 as first instalment within 7 days---Appellant requested that till decision of his departmental appeal, recovery of amount of loss, may not be made from him---Authority, however after serving show-cause notice on appellant awarded major penalty of dismissal from service on failure of appellant to deposit amount of penalty---Appellant, in the first punitive order, was directed to pay Rs. one lac within stipulated period while remaining amount was ordered to be recovered at Rs.3,000 per month from appellant's salary---Validity---If for any reason appellant failed to pay first instalment of Rs. one lac within stipulated period, same could have been recovered as arrears of land revenue from him and thus there was no legal justification for initiating fresh disciplinary proceedings against him---Remaining amount, was to be deducted from appellant's monthly salary, like-wise amount of Rs. one lac could have been recovered from his monthly salary but Authority instead of doing so had initiated another disciplinary proceedings and in the second disciplinary proceedings, functionary of department had 'acted in dual capacity of "Authorized Officer" and "Authority"---Second punitive order, on that score also, was not maintainable---Impugned order was set aside and appellant was directed to be reinstated in service with all back benefits and consequential benefits. Appellant in person. Muhammad Mehmood Khan Yousfi for Asstt. A.-G. for Respondents.…

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