Grounds and conditions

Regarding the deferment of a civil/government servant's promotion, R. 13 of the Sindh Civil Servants (Probation, Confirmation, and Seniority) Rules, 1975, allows for postponement if their seniority is disputed or undetermined, if they are on deputation, training, or leave, if disciplinary proceedings are pending against them, or for any reason other than their lack of fitness for promotion

In such cases, the competent authority must ensure that future disciplinary action against government/civil servants facing pending disciplinary and/or criminal proceedings is taken under R. 5 of Sindh Civil Servants (Efficiency and Discipline) Rules, 1973, and that these proceedings are concluded/decided promptly according to the law

It is understood that if the government/civil servant is cleared of the charges, they will be treated as per R. 8-A of Sindh Civil Servants(Efficiency and Discipline) Rules, 1973, and R. 13 of Sindh Civil Servants (Probation, Confirmation, and Seniority) Rules, 1975.

Accused faced trial along with the co-accused and sought dispensation from personal appearance on the grounds that he was working and earning his livelihood abroad, for which purpose he had obtained a visa after incurring heavy expenditure; that during investigation he had been declared innocent, but appeared and joined the trial on summoning of the court, and that in his place an advocate would appear in the court on each and every date of hearing and join the proceedings

Validity

Incapability to appear before the Trial Court, as pleaded by the accused could be termed a fit (ground) for exemption

Accused fulfilled all the conditions that were required to be fulfilled to claim and grant exemption to an accused from personal appearance during trial

After grant of dispensation by the Trial Court, no hurdle had occurred in the trial due to non-availability of accused

Revision petition against dispensation allowed to accused was dismissed in circumstances with the direction that if at any stage of trial, Trial Court felt any hurdle due to non-availability of accused or his advocate, then it should not hesitate in withdrawing the concession and requiring personal appearance of accused.