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West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)------ -- S. O. 15(2)-Misconduct-Punishment-Quantum of--Establish­ment covered by Pakistan Essential Services (Maintenance) Act, 1952-Security sergeant charged for misbehaving with superior officer during duty hours-Charge established in impartial and fair inquiry-Punishment of dismissal awarded-Punishment of dis­missal, held, quite harsh for disorderly behaviour particularly when accused had not committed any other misconduct-Re­instatement with full back benefits directed - Management, however, held, not debarred to inflict any other prescribed punishment-Pakistan Essential Services (Maintenance) Act (LIII of 1952), S. 6. Ayub Shah for Petitioner. Raja A. Rasheed for Respondents. ORDER Durr Khan has submitted this petition under section 6 of the ,Pakistan Essential Services (Maintenance) Act, '1952 against the Deputy Agent and the Chief of Security, Indus River Contractors Limited, Tar­bela Dam for re-instatement in service. The petitioner was employed by the company on 12th September, 1980 on the post of Security Sergeant with higher grade of pay. On 2nd March, 1981, the services of the petitioner were terminated on the charge of misconduct. It has been submitted that he was not given chance to clear his position before the Management which was illegal and beyond the natural justice. The peti­tioner was served with a show-cause notice dated 1st February, 1981 and suspended from duty. He submitted his explanation which was rejected by the Chief of Security and an enquiry was ordered. The enquiry was conducted and the petitioner requested the Agent to issue orders for appearance of the Chief of Security as he had signed the said show-cause notice but the Management refused to accept the request and as such the petitioner was not afforded any opportunity to cross examine the main witness who had charge-sheeted the petitioner on mala ,fide grounds. It has been alleged that the Enquiry Officer after going through the statement did not decide the case impartially. It has been submitted that on receipt of the second show-cause notice signed by the Chief of Security the…

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