Law:

Section:

(a) North-West Frontier Province Service Tribunals Act (I of 1974)-- ---S. 4--North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973, R. 5--Termination of service--Authority, which was duty bound to issue show-cause notice to employee before passing termination order against him, neither served charge-sheet on employee nor summary of allegations against him; was furnished nor afforded him any opportunity to produce defence­-Authority without adhering to legal requirements and disagreeing with Authorised Officer who had awarded lesser punishment, enhanced sentence proposed by Authorised Officer and terminated service of employee--Entire proceedings having been vitiated, order terminating service of employee was set aside--Employee was reinstated in service with all back benefits. Shad Muhammad Khan for Appellant. Farrukh Jawad Parini, Special Government Pleader for Respondents. Date of institution: 17th December, 1988. JUDGMENT MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN).--Feeling dissatisfied with the impugned order dated 17-8-1988 of respondent No. 1 vide which the services of the appellant were terminated, he has moved this Tribunal through the present appeal after exhausting the departmental remedy, by filing appeal before respondent No. 2. According to him he joined the Forest Department as Forest Guard some 15 years before. He was posted as such at Garhi Road Barrier when he was served with a show-cause notice regarding a truck which was carrying illicit timber, to which he submitted the reply and Mr. Masud-ur-Rehman, Forest Ranger, was appointed as an Authorised Officer, who after holding an enquiry recommended the penalty of censure and stoppage of increment but respondent No. 1 did not agree with it and passed the impugned order, against which he preferred an appeal to respondent No. 2 which also met with failure; hence the present appeal on the grounds that the order of respondent No. 1 is against law and all cannons of justice, that neither charge-sheet nor summary of allegation was served on the appellant nor any opportunity to produce defence was afforded to him and that respondent No. 2 also did not apply his mind.…

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