Law: Fundamental Rules, 1922

Section: 54

Law: Constitution of Pakistan, 1973

Section: 199

(a)    Employment-------Show-cause notice---Served to employee---Wrong provision of law---Effect---If rules referred to in show-cause notice were not alive, then such show-cause notice cannot be considered as a case of wrong provision of law.(b)    Fundamental Rules-------F.R. 54---Constitution of Pakistan, Art. 199---Constitutional petition--Reinstatement in service---Acquittal in criminal case---Petitioner was arrested in a criminal case and was confined in prison---Authorities dismissed him from service due to his absence for duty---Petitioner after his acquittal in criminal case sought his reinstatement on the plea that no notice was ever served upon him under the law---Validity---Departmental and criminal proceedings have no overlapping effect on each other rather the same carry their independent status---No inquiry was conducted against petitioner prior to imposition of major penalty of dismissal from service and departmental proceedings conducted at his back could not be considered as sacrosanct---Both forums below failed to appreciate such facts of the case in their true perspective and did not apply law on the subject, judicially---High Court set aside the order dismissing petitioner from service and remanded the matter to authorities for decision afresh---Constitutional petition was allowed accordingly.Tanveer Hussain v. Raviryan Limited through Managing Director and others 2007 SCMR 737; Azizullah Memon v. Province of Sindh and another 2007 SCMR 229; Khurrum Rasheed v. The Secretary to Government of the Punjab and others 2017 PLC (C.S) Note 110; Khushi Muhammad through L.Rs. and others v. Mst. Fazal Bibi and others PLD 2016 SC 872; Khalid Imran Khan Barki v. Government of Punjab and others 2021 PLC (C.S.) 426; PIRIDNO and another v. Khurshid Begum 1989 SCMR 880; Niaz Muhammad v. Abdul Rehman PLD 2015 Pesh. 90; Muhammad Aslam Instructor, Animal Husbandry Service Training Institute, Daudzai Peshawar District v. Government of N.W.F.P. through Secretary Food, Agriculture, Livestock and Cooperative Department, Peshawar 1998 PLC (C.S.) 1430 and Ghazi Khan Vehicle Driver Cereal Crops Research Institute Pirsabak…