Law:

Section:

(a) Constitution of Pakistan--- ----Art. 199---General Clauses Act (X of 1897), S.24-A---Constitutional petition---Civil service---Departmental appeal---Object---Mandate of appellate authority---Scope---Appellate order passed without giving independent findings/reasons---Impugned order revealed that no independent finding was given by the appellate authority which would show that it applied its independent mind and had passed the order without being impressed by the findings of the competent authority---Appellate authority did not discuss in its order that thirteen different allegations were raised against the petitioner through the show-cause notice and which ones were proved---Appellate authority decided the appeal in a slipshod manner and without adverting to the case set up by the petitioner---Order passed by the appellate authority had not qualified to be a reasoned order as contemplated under S.24-A of the General Clauses Act, 1897---No independent reasons/findings had been given by the appellate authority, which was mandatory---Appellate authority by merely upholding the order of the subordinate functionary had frustrated the mandate of providing an appeal---Order was set aside---Constitutional petition was accepted. Secretary Ministry of Health, Government of Pakistan, Islamabad and another v. Dr. Rehana Hameed and others 2010 SCMR 511 rel. (b) Constitution of Pakistan--- ----Art. 199---General Clauses Act (X of 1897), S.24-A---Constitutional petition---Civil service---Decision of appeal by appellate authority---High Court provided guidelines in that behalf. An Appellate Authority is suppose to consider the following aspects while deciding an appeal:--- (a) Allegations against the appellant; (b) Findings/recommendations of inquiry, if conducted; (c) Order passed by the competent authority; (d) Grounds of appeal raised by the appellant; and (e) After appraisal of the above, independent finding with reasons rendered by the appellate authority. JUDGMENT FAISAL ZAMAN KHAN, J.--- Facts in brief are that the petitioner while working as Regional Manager (Agri) at Wazirabad Branch of the Bank of the Punjab (respondent-bank) was issued a show cause notice under…

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