Law:

Section:

Khyber Pakhtunkhwa Constabulary Rules, 1958--- ----R. 18---Dismissal of employee---Departmental appeal---Procedure, failure to follow---Effect---High Court set aside dismissal order passed by authorities and reinstated the employee in service---Validity---High Court had observed in its that de novo inquiries were conducted by authorities without following the procedure provided in R.18 of Khyber Pakhtunkhawa Constabulary Rules, 1958--- Once High Court held that the procedure prescribed in R.18 of Khyber Pakhtunkhawa Constabulary Rules, 1958, was not followed while dismissing the employee from service, it should have remanded the matter to department after reinstating the employee in service for de novo inquiry---Supreme Court remanded the matter to authorities and directed them to strictly follow the procedure provided in R.18 of Khyber Pakhtunkhawa Constabulary Rules, 1958---Appeal was allowed accordingly. I.G. Frontier Corps and others v. Ghulam Hussain 2004 SCMR 1397 and Muhammad Mubeen-us-Salam and others v. Federation of Pakistan PLD 2006 SC 602 ref. Date of hearing: 31st March, 2015 JUDGMENT AMIR HANI MUSLIM, J.---The relevant facts for the purpose of disposal of these Appeals are that the appellants were posted in different Platoons of Frontier Constabulary which were deployed in different areas of F.R Peshawar and F.R Kohat. They were dismissed from service on the allegations of insubordination and cowardice. The respondents filed Appeals before the Federal Service Tribunal, Islamabad, which were allowed, by various judgments passed on different dates and they were reinstated in service with direction to the appellants to hold de novo inquiries against them and conclude the same within four months, providing them full opportunity of hearing. 2. After receipt of the judgments of the Federal Service Tribunal, the appellants without formally reinstating the respondents, conducted de novo inquiry in the light of directions of the Tribunal and dismissed all the respondents from service. The record shows that a second de novo inquiry upon the direction of the Tribunal was conducted against some of the respondents, but they too were dismissed. The record…

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