Law:

Section:

Constitution of Pakistan (1972) -Art. 201 read with West Pakistan Road Transport Board Service Rules, 1959, r. 25.1-Employee of statutory Corporation-Employee suspended pending inquiry into charges but post itself abolished before conclusion of inquiry -Departmental rules making no provision for suspension on account of abolition of posts-Order of dismissal or removal if not to follow as result of inquiry, question of suspen sion, held, would not arise-Order of suspension, in circumstances, without lawful authority and not sustainable. After the petitioner was suspended, pending the enquiry into the irregularities alleged to have been committed by him, the post itself was abolished before the conclusion of the enquiry. The result is that the petitioner has not been found guilty of the irregularities alleged to have been committed by him during the period he continued in service. But now as he no longer continues to be an employee of the respondent-Corporation, no further enquiry in this connection can be held. It can hardly be disputed that an employee is placed under suspension in order that the allegations of misconduct levelled against him may be enquired into with a view to determining whether the charges levelled against him are true or not and whether he is a fit person to be retained in service. The rules do not provide for the suspension of an employee where his services are to be dispensed with not on account of his undesirability, but an account of the abolition of the post that he is holding. The reason is that an order of suspension can only be passed pending enquiry into his conduct and if as a result of the enquiry an order of dismissal or removal is not to follow the question of suspend ing such an employee would not arise. In this view of the matter the order of suspension passed against the petitioner cannot be sustained. Date of hearing : 19th October 1972.                                                                                  …