Law:

Section:

(a) Civil services--Natural justice-Punishing authority taking three allegations into consideration while dismissing employee but only one of such allegations included in charge -sheet-- Employee given no opportunity to rebut two allegations-Part played by such allegations on authority's mind while coming to his conclusion not possible to predicate in circumstances-Order based on consideration of matters, which ought not to have been considered inoperative. The order of the Superintendent of Police makes it clear that he took three circumstances into consideration while coming to the conclusion that the petitioner was unworthy of being retained in the Police Force viz., (a) that he had abducted a woman and married her, (b) that he was habitual absentee; and (c) that he was an undesirable type. The allegations mentioned m tern3 (a) and (c) above were not included in the charge-sheet and the petitioner had no opportunity to rebut them. It is, therefore, not possible. to predicate the part played by the consideration of the said allegations on the mind of the Superintendent of Police, while coming to the conclusion chat the petitioner was not worthy of retention is a disciplined force, such as the Police Force. The law, i: clear that an order which i.9 based on consideration of matters which ought not to have been taken into consideration by the authority passing it renders the order as inoperative. Sher Muhammad v. Bashir All Khan P L D 1962 Lah. 172 Muhammad and Rehmat Elahi v. Government of West Pakistan P L D 1965 Lah. 112 rel. (b) Civil services-Natural justice-Original order without Nasim jurisdiction-Affirmation of such order by Appellate Court-Cannot Mason Shah, make it legal. Dates of hearing: 24th, 25th April and 13th June 1972.                                                                                                            JUDGMENT The facts which form the background are…