Law:

Section:

North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973-- ---Rr. 5 & 6--North-West Frontier Province Service Tribunals Act (I of 1974), S.4--Removal from service--While awarding major penalty, Authorized Officer did not appoint any Enquiry Officer to probe into the matter but himself proceeded against civil servant, denying him opportunity to participate in the enquiry--Entire proceedings against civil servant were thus vitiated because job of two viz. the Authorized Officer and the Enquiry Officer could not be performed by a single person when the major penalty was to be inflicted upon a civil servant--Authorised Officer also failed to follow the procedure prescribed for conducting the enquiry--Authority was hound to issue show-cause notice to civil servant before taking the impugned action against him--Failure to issue notice-­Effect--Non-compliance with legal requirement would result in setting aside the entire enquiry report--Civil servant's removal order was set aside and he was ordered to he reinstated in service with all back benefits--Case was, however, remanded to Authority to take de novo proceedings against civil servant at its option. Mushtaq Ahmed Khan for Appellant. Special Government Pleader for Respondents. Date of hearing: 31st May, 1989. JUDGMENT MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN),--Appellant was serving as a Forest Guard under respondent No.4 when he was removed from service with immediate effect vide order dated 8-10-1988. According to him he joined the service as a Forest Guard under the respondents on 16-2-1974 and served the department for 13 years efficiently and honestly. He also under-went training in 1978 at Thai Forest School, Abbottabad and successfully completed it. On 11-7-1987 an enquiry was conducted against him on an anonymous application and the Authorised Officer without observing the legal formalities recommended the punishment for the appellant so he was removed from service vide impugned order. He preferred an appeal to respondent No.3 on 16-10-1988 and was informed on 21-12-1988 fey respondent No.4 that his appeal has been dismissed. Actually he submitted a certificate at the time…

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