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

Section: 3,5(4)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Removal from Service (Special Powers) Ordinance (XVII of 2000)--- ----Ss.3 & 5(4)---Constitution of Pakistan, Art.199---Constitutional petition---Penalty of removal from service---Allegation of misconduct on account of absence from duty---Authority dispensed with the regular inquiry without assigning any reason---Non-availability of sufficient evidence for dispensing with the regular inquiry---Effect---Non-observance of procedure provided under the law---Competent Authority had not considered the gravity of charge and awarded penalty, which was not commensurate with the guilt alleged to have been committed by the employee---Appellate authority without applying independent mind through a non-speaking order confirmed the penalty order passed by the competent authority---Validity---No independent finding had been rendered by the appellate authority and in a convenient manner had decided the appeal endorsing the findings of the competent authority, which could not be considered to be a "speaking order"---Appellate authority was duty bound to independently analyze the case before him and once he arrived at a conclusion, independent of findings rendered by the competent authority, he had to give his own reasons for acceptance or otherwise of the appeal---Penalty awarded to an employee had to commensurate with the offence committed---Appellate authority without considering the gravity of the offence and the quantum of penalty upheld the order of the competent authority---While dispensing with the inquiry, reasons had to be given---Competent authority dispensed with the inquiry without confronting the petitioner with the numerous reports on the basis of which show-cause notice was issued---High Court set aside the order passed by the appellate authority by remanding the matter to the appellate authority to decide the same strictly in accordance with law through a reasoned order---Constitutional petition was accepted in circumstances. Executive Council, Allama Iqbal Open University, Islamabad through Chairman and another v. M. Tufail Hashmi 2010 SCMR 1484 ref. Inspector-General (Prisons), N.-W.F.P., Peshawar and another v. Syed Jaffar Shah, Ex-Assistant…

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