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

Section: 3,5(4),10

Law: Service Tribunals (Procedure) Rules, 1974

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 any regular inquiry against him on charge of issuing bogus money order---Contention of appellant was that as he had denied charges levelled against him, no punishment, minor or major, was warranted without conducting a regular inquiry---Plea of counsel for the Authority was that opportunity of personal hearing was duly offered to appellant, but he did not avail the same---Counsel for Authority had stated that disciplinary proceedings continued for over a period of two months---Proceedings against appellant could not be termed as summary proceedings---Appellant at different stages regarding the offences of issuing bogus money orders had admitted that he had been issuing bogus money orders and late crediting amounts in the General Post Office---In view of said admission there was no compelling need to hold a formal inquiry---Opportunity of personal hearing was offered to appellant, but he did not avail himself without any plausible reason for not availing said opportunity---Impugned order of dismissal from service against appellant did not appear to be a summary order or stereotyped order, however as no money loss had been caused to Government Treasury and as the only offence on the part of appellant was late deposit of amount, extreme penalty of dismissal from service was uncalled for; at the same time appellant could not be exonerated in the face of his voluntary admission with regard to the commission of offence---Penalty of dismissal from service was converted into the penalty of compulsory retirement with effect from the date of his dismissal.   1997 PLC (C.S.) 817; 2000 PLC (C.S.) 1252; 1994 PLC (C.S.) 999; 1997 PLC (C.S.) 348; 1999 PLC (C.S.) 65; 2002 SCMR 57; 2003 PLC (C.S.) 395; PLD 1980 SC 310; 1992 PLC (C.S.) 775; 2003 PLC (C.S.) 497/1647; 1985 PLC (C.S.) 636; 1997 SCMR 1543=1997 PLC (C.S.) 817; 2002 PLC (C.S.) 1324; 2003 PLC (C.S.) 353; 1982 PLC (C.S.) 770; 1984 PLC (C.S.) 500; 1995 PLC…

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