Law:

Section:

Removal from Service (Special Powers) Ordinance (XVII of 2000) [since repealed]--- ----S. 8---Employment on probation---Allegation of corruption and malpractice---Issuance of show cause notice---Termination from service without a full inquiry and opportunity to accused employee to defend himself---Legality---Opportunity of personal hearing---Scope---Accused-civil servant was employed on probation at a university---Accused employee during his service was alleged to have made certain purchases for the University without proper tendering---Enquiry committee conducted its preliminary enquiry in which accused was neither associated or heard, and the allegations against him were prima facie found to be correct pursuant to which a show cause notice was issued to him---Accused submitted his reply to the show cause notice, denying the allegation---University authorities found reply submitted by accused as unsatisfactory and terminated his services with immediate effect and repatriated him to his parent department---Even though accused was a probationer, his services could not have been terminated without holding a full-fledged enquiry in which accused would have an opportunity to defend himself on the allegations made against him in the show-cause notice---Appeal was allowed and accused was reinstated in the service of the University with the direction that a regular fact finding enquiry shall be conducted by the University against accused within 30 days on the basis of the show cause notice, and if in such enquiry accused was exonerated then he shall be given back benefits etc. subject to adjustment from pay and salary which he had withdrawn elsewhere from the date of dismissal till date of reinstatement. Muhammad Amjad v. The Chief Engineer, WAPDA and another 1998 PSC 337; Muhammad Siddique Javaid Chaudhry v. The Government of West Pakistan PLD 1974 SC 393 and Zahoor Ahmed v. WAPDA 2001 SCMR 1566 rel. THIS ORDER PASSED BY: GULZAR AHMED, JUSTICE:---.--- The appellant was employed by respondent No. 1 on probation on 1-7-2006 as Project Director BPS-20. The probation period was extended for further one year vide office order dated 22-9-2007. A complaint was received by…

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