Law: Sindh Removal from Service (Special Powers) Ordinance, 2000

Section: 5,5(1)(a)

Law: Civil Procedure Code (V of 1908)

Section: 151

(a) Sindh Removal from Service (Special Powers) Ordinance (IX of 2000) [since repealed]--- ----S. 5---Termination from service---De novo proceedings---Procedure---Major penalty without holding regular inquiry---Scope---Service Tribunal set aside the order for dismissal of employee while accepting the appeal and directed the department to initiate de novo proceedings---Department, instead of holding de novo inquiry/proceedings issued show-cause notice and compulsory retired the employee from service---Contention of petitioner-employee was that impugned order was illegal as no independent inquiry was conducted---Validity---Service Tribunal allowed the appeal and proceedings initiated earlier were declared as null and void and directed the department to initiate 'de novo proceedings' under the provisions of Sindh Removal from Service (Special Powers) Ordinance, 2000---No de novo proceedings were initiated by the department rather show-cause notice was issued after dispensing with regular inquiry---While proceeding de novo all the parameters as enshrined in Sindh Removal from Service (Special Powers) Ordinance, 2000 had to be initiated from the very beginning and all the provisions of said Ordinance, 2000 had to be complied with in letter and spirit---No regular inquiry in de novo proceedings had been conducted and proceedings had been initiated after dispensing with the inquiry---Fair and reasonable opportunity to make defence to a party was its primary right---Major penalty of compulsory retirement had been imposed upon the employee without regular inquiry---Department had not applied its independent mind while passing the impugned order---Employee had denied all the charges of show cause notice therefore regular inquiry was imperative---Department was to hold a regular inquiry to examine the veracity of submissions of employee---Reliance on the previous inquiry and material gathered previously was not proper dispensation of justice---Holding of regular inquiry in case of imposition of major penalty was prerequisite and mandatory condition which could not be dispensed with---Regular inquiry was also essential condition to prove the charges of fact---Impugned…

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