Law:

Section:

(a) Balochistan Province Removal from Service (Special Powers) Ordinance (III of 2000)-------Ss. 2(a), 3, 5 & 10---Balochistan Service Tribunals Act (V of 1974), S.4---Penalty of reduction to lower post for five years was imposed upon the appellant after serving with a show-cause notice, but without holding any inquiry against him on allegation that he being Naib-Tehsildar prepared a wrong mutation entry---Validity---When a major penalty was to be imposed on a civil servant, a regular inquiry was to be held to determine the factual basis of the allegations which were required to be proved in accordance with law---Authority, though had the discretion to hold or dispense with regular inquiry, but such discretion was to be exercised in fair and judicial manner---"Reduction to lower post for five years" imposed on the appellant constituted major penalty, which could not be inflicted without holding full fledged inquiry which could not be dispensed with in terms of S.5(4) of Balochistan Province Removal from Service (Special Powers) Ordinance, 2000---Impugned order also suffered from another material legal infirmity as appellant was directly appointed as Naib-Tehsildar and never held any substantive post in lower rank---Appellant, in circumstances, could not be reduced to rank to a post which appellant never held---Question of reversion could only arise when a valid and proper promotion had been made---Show-cause notice as well as impugned order had been passed and issued by the Commissioner, which under S.2(a) of Balochistan Province Removal from Service (Special Powers) Ordinance, 2000 was not "competent authority"---Impugned order suffering from said material legal infirmity, could not sustain, in circumstances---Impugned order which had been passed against the appellant in derogation of judicially propounded dicta "Justice was not only to be done, but should undoubtedly and manifestly appear to have been done", was set aside and the appellant was restored to his original substantive post of Naib-Tehsildar. (b) Constitution of Pakistan--- ----Arts. 4 & 199---Constitutional petition---Right of individuals to be dealt with in accordance with…

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