Law:

Section:

Civil service--- ----Disciplinary proceedings---Penalty---Inquiry Officer recommended major penalty of recovery of Rs.108,536 and reduction to a lower post and pay scale from the current post for a period of two years but competent authority imposed major penalty of removal from service and recovery of said amount---Validity---Competent authority was not bound by the recommendations, of Inquiry Officer qua the award of penalty to the accused officer---If competent authority was not inclined to agree with the recommendations of Inquiry Officer then it had to give notice to the accused officer and had to pass a reasoned order for disagreeing with the recommendations of Inquiry Officer and for enhancement of punishment with conscious application of mind---Competent authority had not made any specific reference to the evidence or material which was found favour with the same to award major penalty of dismissal from service---Major penalty of dismissal from service did not appear to be in conformity with the evidence on record---Impugned orders were declared to be illegal and without lawful authority---Authority was directed to re-consider the matter and decide same afresh keeping in view the entire evidence available on record and after affording an opportunity of hearing to the employee in accordance with law within a stipulated period---Constitutional petition was disposed of in circumstances. Executive Counsil Allama Iqbal Open University Islamabad through Chairman and others v. M. Tufail Hashmi 2010 SCMR 1484 and Muslim Commercial Bank Ltd. v. Mahmood Ahmad Butt and others 1997 PLC 550 ref. Asif Yousaf v. Secretary Revenue Division, CBR Islamabad and another 2014 SCMR 147; Secretary, Government of Punjab and others v. Khalid Hussain Hamdani and 2 others 2013 SCMR 187 and Shibli Farooqui v. Federation of Pakistan 2009 SCMR 281 rel. ORDER MUHAMMAD SAJID MEHMOOD SETHI, J.--- Brief facts for disposal of the instant writ petition are that petitioner was appointed as Admission and Placement Officer vide Appointment Order dated 07.07.2005. He was promoted as Principal and posted at Vocational Training Institute Kot Mithan vide order dated 04.03.2011 issued by…

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