Law:

Section:

Removal from Service (Special Powers) Ordinance (XVII of 2000)-------Ss. 3, 5, 6 & 10--Service Tribunals Act (LXX of 1973), SA---Dismissal from service---Dispensing with regular inquiry---Major penalty of dismissal from service .was imposed on appellant,, on certain allegations including forgery, after issuing her show-cause notice but dispensing with the regular inquiry---Validity---Allegations levelled against the appellant having been denied by her, holding of regular inquiry was a must; in which the whole evidence against the appellant was to be brought on record after her participation and cross­examination---Fact finding inquiry was made basis for imposing penalty which could not be a substitute for regular inquiry---Appellant having already undergone a punishment by way of long drawn domestic inquiry as well as proceeding in the Service Tribunal, it would not be in the fitness of the things to again drag the appellant into de novo . enquiry, which was against the interest of justice---Impugned orders which were in violation of the mandate of law, were set aside and the authorities were directed to reinstate the appellant in service with all consequential benefits. 2009 SCMR 329 and 2009 SCMR 339 ref. Sanaullah Noor Ghauri for Appellant. Arshad Khan Tanoli for Respondents along with Departmental Representative Ejaz Nabi, Assistant Superintendent for State. Date of hearing: 6th January, 2011. JUDGMENT M.A. AZIZ (MEMBER).--- The appellant while working as Counter Clerk with Postal Department and posted in the Latifabad GPO was issued charge-sheet dated 6-7-2009 on the following charges:-- "(i) Haying possession of counterfeit/forged stamps. (ii) Selling of counterfeit/forged stamps. (iii) Booking of postal article by affixing counterfeit/forged stamps. (iv) Non-maintaining the postage stamp balance register properly. (v) Causing loss to Government Exchequer. (vi) Criminal Breach of Trust. She was called upon under section 3 of the RSO-2000 to show cause why one or more of the penalties which include major penalty of dismissal may not be imposed on her. She requested for supply of the copy of the documents to file her reply which was supplied to her. The…

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