Law:

Section:

Admission-- ----Alleged admission of the civil servant cannot be called his confession. [P. 204] D Removal from Service (Special Powers) Ordinance, 2000 (XVII of 2000)-- ----Ss. 3 & 10(e)--Civil servant--Dismissal from service--NHA awarded contract to contractor M/s. ABC for certain works to be carried on super Highway--Complaint was received against appellant--Allegation--Appellant had taken over Engineering Maintenance contract in their name without obtaining permission--Inquiry was constituted--Recommendation--Contractor be black listed and performance security be forfeited--Matter was reported to Headquarter--Show-cause notice--Discipinary proceedings--Validity--If in the opinion of competent authority a person in Govt. or corporation service is inefficient, guilty of misconduct, corrupt, is engaged in activities and found to have been appointed or promoted on extraneous grounds in violation of law and relevant rules--Competent authority after an inquiry may notwithstanding anything contained in law or terms and conditions of service of such person, impose major or minor penalty upon him. [Pp. 201, 208 & 209] A & H Removal from Service (Special Powers) Ordinance, 2000 (XVII of 2000)-- ----S. 5--Civil servant--Dismissal from service--Procedure for initiating the disciplinary proceeding--Validity--Competent authority shall pass an order in writing wherein charges and statement of allegations have to be mentioned and inquiry officer or committee is to be appointed--On denial of charges and allegations by accused inquiry officer shall hold inquiry during which accused shall be given chance to cross-examine the witnesses and to bring on record his defence. [Pp. 201 & 202] B Removal from Service (Special Powers) Ordinance, 2000 (XVII of 2000)-- ----S. 5(4)(i)--Civil servant--Dismissal from service--Competent authority--Power to dispense with inquiry--Documentary evidence--Competent authority is empowered to dispense with inquiry under sub-section (1) if it is in possession of sufficient documentary evidence against the accused or for reasons record in writing, it is satisfied that there is no need of holding an inquiry. [P. 202] C Removal from…

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