Law:

Section:

North-West Frontier Province Removal from Service (Special Powers) Ordinance (V of 2000)-------Ss. 3, 5, 10 & 11---North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973, Rr.4 & 5---North-West Frontier Province Service Tribunals Act (I of 1974), S.4---Termination of service---Appellant who was appointed as Reader of Anti-Terrorism Court, his services were terminated after charge-sheeting him and holding inquiry against him on charge of theft of computer from the premises of the court---Appellant was saddled with the charge of theft only because he was the last one to leave the court premises---Appellant had been acquitted by the charge of theft by the Judicial Magistrate---Appellant was held responsible for theft by the Senior Civil Judge on the sole ground of his leaving the court in the last---Initial inquiry of the Senior Civil Judge was 'fact finding inquiry', because it was not held under either North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973 or North-West Frontier Province Removal from Service (Special Powers) Ordinance, 2000; and also under the order of the authority---No eye-witness account of occurrence was on record, as no one had seen the appellant while removing the articles/items from the court premises---In the absence of any other evidence, the only ground that the appellant was the last one to leave the court premises, would neither appear reasonable nor convincing to subject him to harsh penalty of termination from service, especially when the authority also expressed his reservations about his performance and conduct, which would smack of a predisposition---North-West Frontier Province Removal from Service (Special Powers) Ordinance, 2000 would have overriding effect over the North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973, in accordance with S.11 of Ordinance, 2000---Impugned order would show that services of the appellant were "terminated", but said penalty of 'termination' was alien to both the said Ordinances as major penalty had been prescribed as dismissal, removal from service and compulsory retirement, besides…

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