Law: National Industrial Relations Commission (Procedure and Functions) Regulations, 2016

Section: 7(1),7(3),7(2)(a)(b),7(4)

National Highway and Pakistan Motorway Police (Efficiency and Disciplinary) Rules, 2016-- -----R. 7(1)--Determination--Authority shall determine whether in lights of facts and circumstances of case or in interest of justice departmental inquiry through an Inquiry Officer or Inquiry Committee is necessary to inquire into charges framed against an accused (emphasis added). Word Phrases-- ----“Determination”--Black’s Law Dictionary defines determination, ‘a final decision by a Court or administrative agency’. National Highway and Pakistan Motorway Police (Efficiency and Disciplinary) Rules, 2016-- ----R. 7(3)--Opportunity of showing cause--No opportunity of showing cause under sub-rule (2) shall be given where authority is satisfied that in interest of security of Pakistan or any part thereof it is not expedient to give such opportunity. National Highway and Pakistan Motorway Police (Efficiency and Disciplinary) Rules, 2016-- ----Rr. 7(2)(a)(b), 7(3) 7(4)--Imposing of minor penalty--Forfeiture of two years of service--Mandatory procedure was not followed--Incident inquiry--Non-issuance of show-cause notice--Departmental appeal--Dismissed--Challenge to--Mandatory procedure was not followed in inquiry therefore eleven days delay in filing departmental appeal is condonable as inquiry proceedings are declared void abinitio--Authority just issued’ an impugned order without Show Cause notice under Rule 7(2)(a)(b) or to hold an inquiry through an Inquiry Officer or an Inquiry Committee, as case may be, as per provisions of Rule 7(4)--Even in case authority decides that it is not necessary to hold an inquiry authority must cite valid reasons to dispense with inquiry and opt for Show Cause notice--Appeal was accepted. Mr. Hafiz Noor Muhammad, Counsel for Appellant. Mr. Muhammad Shakeel Awan, Assistant Attorney General. Syed Shabbir, Inspector, as DR. hearing date: 7.2.2022. JUDGMENT Muhammad Mushtaq Jadoon, Member. joined NHMP in 2000, promoted as APO w.e.f. 03.09.2009 and SI/PO w.e.f. 05.01.2016. While serving in Beat 05, M/2, North Chakri, the SSP (Respondent No. 1) passed an order on 22.02.2019 imposing minor penalty of forfeiture of two years of service. Appellant…

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