Law:

Section:

Road Transport Corporation (West Pakistan) Removal of Undesirable Employees Ordinance (VIII of 1965)- --- S. 3-Service, termination of-Show-cause notice not stating employee having been previously punished for dishonesty, negligence in duty and subversive activities-Respondent denying such allegations but admitting in cross-examination to have been censured four times, suspension en one occasion, and stoppage of increment on another -­Respondent also admitting to have been once fined but not cross-­examined as to on what charge, he had been so fined-Likewise respondent also not cross-examined as to nature of charges on which he was censured, suspended and penalised with stoppage of incre­ment-Respondent's such admission, held, no proof of his having been dishonest, negligent in duty or to have committed subversive activities-No clear charge having been framed and no inquiry being held, no opportunity, held, given to show cause-Entire proceedings in circumstances vitiated and employee entitled to back wages. JUDGMENT This is an appeal brought by the Managing Director Punjab Road Transport Board Lahore against the order dated 22-8-72, passed by the learned Junior Labour Court, Gujranwala, setting aside the order of termination of the service of the respondent passed under section 3 of West Pakistan Road Transport Corporation, Removal of Undesirable Employees Ordinance of 1965. The facts are that no charge was framed against the respondent nor any formal inquiry was held against him. Only a show­-cause notice was given to him on the ground that be was dishonest, neglected in the performance of his duties and he was guilty of subversive activities. In the show-cause notice it was not written that on account of dishonesty, negligence of duty and subversive…

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