Law: Removal from Service (Special Powers) Ordinance, (XVII of 2000)

Section: 3,5(4),10

Law: Service Tribunals Act, 1973

Section: 4

Removal from Service (Special Powers) Ordinance (XVII of 2000)---   ---Ss. 3, 5(4) 10---Service Tribunals Act (LXX of 1973), S.4---Dismissal from service---Appeal---Appellant was dismissed from service after issuing him show-cause notice but without holding regular inquiry against him on an allegation of misconduct, misappropriation of government funds and fraudulent activities---Appellant having denied allegations levelled against him, holding regular inquiry was absolutely necessary, but neither regular inquiry was held nor appellant was given opportunity of personal hearing---Effect---Employee could be declared guilty only through a regular inquiry, but Authority dispensed with the inquiry without assigning any reason in the show-cause notice---Fact finding inquiry could never be a substitute for a regular inquiry and it could not be used against an accused employee for awarding major penalty of dismissal from service---Impugned order was set aside and appeal was remanded with direction to Authorities to reinstate the appellant and hold de novo disciplinary proceedings against him on the same allegation/charges within a specified period.   2001 SCMR 256; 2004 SCMR 316=2004 PLC (C.S.) 344; 1986 PLC (C.S.) 419; 2003 PLC (C.S.) 365; PLD 2004 (SC) 441 and PLJ 2003 SC 54 ref.   1984 PLC (C.S.) 641; 1986 PLC (C.S.) 894; PLD 1994 SC 222; 1985 PLC (C.S.) 245; 2004 SCMR 1663 and 1993 SCMR 603 rel. JUDGMENT RASHID ALI MIRZA (MEMBER).--- Through the instant appeal under section 4 of the Service Tribunals Act, 1973, the appellant has challenged the impugned order, dated 21-7-2001 of his dismissal from service under Removal from Service (Special Powers) Ordinance, 2000, praying therein to allow the appeal, set aside the impugned order and direct the respondents to reinstate him in service with all back-benefits. 2. Briefly the facts, leading to this appeal as mentioned in the memo. of appeal are that while the appellant posted as Senior Commercial Assistant Booking was placed under suspension. He was served with show-cause notice dated 3-5-2001 along with statement of allegations which are reproduced as under:-- No. 170E/12274/P.I., dated 3-5-2001…

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