Law:

Section:

(a) North-West Frontier Province Service Tribunals Act (I of 1974)-- ---S.4--North-West Frontier Province Police (Efficiency and Discipline) Rules, 1975, R.6--Dismissal from service--Appellant, a Foot Constable in Police Force, charged for dealing in norcotics at behest of some outsider who was involved under Prohibition (Enforcement of Hadd) Order 1979--Evidence on record bearing that both 'Authority' and Enquiry Officer failed to follow requisite and mandatory procedure-­'Authority' not even bothering to appoint 'Authorised Officer' which he was bound to do under law--Summary of allegations, charge-sheet and show-cause notice was served upon appellant not by 'Authority' but by an officer not competent to initiate proceedings--Conduct of Enquiry Officer and witnesses who appeared before him was not above board--Accused who was involved in Hadd case, on basis of which appellant was proceeded against, was not summoned by Enquiry Officer, which raised presumption that had he appeared he would not have charged appellant--Respondent Government failing to afford opportunity of personal hearing to appellant and to supply copy of enquiry report and other documents which was vested right of accused appellant to have under law--Order of dismissal of appellant was set aside and appellant re-instated alongwith all back benefits in circumstances. (b) North-West Frontier Province Service Tribunals Act (I of 1974)-- ---S.4--Unauthorised act--Whether such illegal act by an incompetent person can be legalised subsequently by a competent person--An act which was not within competence of an officer, held, could not be legalised by another person who was otherwise competent to perform it. Shad Muhammad Khan for Appellant. Maqbool Hussain, P.I. Attorney for Respondents. Date of institution: 15th November, 1986. JUDGMENT MALIK MUHAMMAD PERVAIZ (CHAIRMAN)-Appellant Muhammad Farooq has assailed the orders dated 29-9-1986, 31-6-1986 and 21-4-1986 passed respectively by respondents 1 to 3 vide which his services were dispensed with as an employee of the Police Force and his appeal/ representation also met the same fate. 2. Appellant was recruited as a foot constable in Police Force…

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