Law:

Section:

North-West Frontier Province Removal from, Service (Special Powers) Ordinance (V of 2000)---   ----Ss. 3, 6, 7 10---Imposition of penalty of stoppage of annual increments---Penalty of stoppage of three annual increments was imposed upon appellant after charge-sheeting him and holding inquiry against him on certain allegations of omission, irregularities, embezzlement, misappropriation of government money etc.---No proper procedure had been adopted by the department---Inquiry had been conducted in questionnaire form, which practice had disapproved---Neither any witness had been examined in presence of the appellant nor any opportunity of cross-examination was provided to him to defend himself properly---Besides, no period had been mentioned by the authority while awarding the impugned penalty to the appellant, which was in clear violation of relevant law/rules---Proper approval with regard to drawing of advance money was obtained from the competent authority---No embezzlement/misappropriation of government money had been proved against the appellant---Impugned order, in circumstances, was nullity in the eyes of law---Appellant had made out a case for indulgence of the Service Tribunal in circumstances, which was set aside.  JUDGMENT SULTAN MEHMOOD KHATTAK (MEMBER).--- This appeal has been filed by Faham Dil, appellant, against the order dated 24-3-2009, conveyed on 10-4-2009, whereby the penalty of stoppage of three annual increments has been imposed on him and also against the order dated 3-8-2009, whereby his review petition has been rejected. It has been prayed that on acceptance of this appeal, the impugned order dated 24-3-2009 and 3-8-2009 may be set aside with the directions to the respondents to restore the increments. Any other remedy which this Tribunal deems fit may also be awarded in favour of the appellant. 2. Brief facts of the case are that the appellant while posted as Deputy Director of Agriculture (Information), now Senior Instructor (BPS-18) Agriculture Training Institute. Peshawar, was proceeded against departmentally on the basis of certain acts/omissions and irregularities committed by him under the N.-W.F.P Removal from Service…

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