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

Section: 3

Law: Service Tribunals Act, 1973

Section: 4

Law: Constitution of Pakistan, 1973

Section: 212(3)

(a) Removal from Service (Special Powers) Ordinance (XVII of 2000)--- ----S. 3---Constitution of Pakistan, Art. 212(3)---Leave to appeal was granted by Supreme Court to consider; whether before converting minor penalty as suggested by Inquiry Officer into major penalty of dismissal from service, competent authority served the notice upon petitioner; and whether sufficient material was available before competent authority to pass order assailed before Service Tribunal. (b) Removal from Service (Special Powers) Ordinance (XVII of 2000)--- ----S. 3---Service Tribunals Act (LXX of 1973), S. 4---Major penalty---Show cause notice, non-issuance of---Competent Authority imposed major penalty of dismissal from service to civil servant, against the recommendation of Inquiry Officer---Validity---Competent Authority was not bound by recommendation of Inquiry Officer regarding award of penalty to accused officer---While disagreeing and awarding higher penalty than recommended by Inquiry Officer, Competent Authority had to firstly provide opportunity of hearing to accused officer and secondly he had to pass a reasoned order with conscious application of mind---Although Inquiry Officer found civil servant to be negligent in his conduct and charge of 'mal-administration' was not proved, yet Competent Authority while awarding major penalty of dismissal from service found that there was substantial evidence on record to prove the charges---No reference to the evidence or material was available which found favour with Competent Authority to award major penalty of dismissal from service---No allegation was on record that accused civil servant was guilty of corruption or of financial gain---Supreme Court set aside the order passed by Competent Authority and remanded the matter to it for decision afresh after hearing the civil servant---Appeal was allowed. Khalid Mansoor v. Director FIA 2008 SCMR 1174 and Abid Hussain v. Chairman, NESCOM 2009 SCMR 1025 ref. ORDER TASSADUQ HUSSAIN JILLANI, J.---Appellant while serving as Assistant Director, Directorate of Inspection and Internal Audit, Customs and Excise, Lahore, was proceeded against on charges of misconduct and in terms of the show…

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