Law:

Section:

Per Syed Ally Madad Shah, Chairman-[Agreeing with Hasan Nawaz, Member [Majority view]-­ (a) Civil service-­ --- Removal from service--Appellant Meter Reader was removed from service for tampering with meter and meter reading on report made by Sub-Divisional Officer without holding regular inquiry--Two versions made about case against appellant and explanation tendered by appellant needed regular inquiry in interest of justice--Order of removal was set aside and appellant was reinstated in service, observing that Department might initiate fresh proceedings against appellant in accordance with law--Back benefits ordered to be paid subject to result of fresh proceedings. Per Hasan Nawaz, Member-Contra--[Majority view] (b) Civil service-- --- Removal from service--Disciplinary proceedings-.Appellant was removed from service without holding a regular inquiry although nature of allegations against him and plea set up in defence by him necessitated that a regular inquiry should have been held after serving a charge-sheet and issue of statement of allegations-­Appellant as such had had no opportunity of cross-examining witnesses and produce his evidence in defence--No positive evidence was produced to prove fault of appellant and it was, in fact, a case of two versions--Strong evidence was not available to prove that it was appellant and none else who tampered with meter and meter reading--Held, it was in interest of jutice that he should have been allowed to lead evidence and defend himself--Order of removal of appellant from service set aside and appellant reinstated in service. 1982 S C M R 126; Appeal No. 21CKL) of 1984; Muhammad Aslam Assi 1 v. Chairman, Area Electricity Board, Gujranwala and another 1989 P L C (C.S.) 221; F.M. Shamsi v. Pakistan International Airlines Corporation and another 1988 P L C (C.S.) 451 and Lal Muhammad and another v. Government of Sindh 1980 SCMR850rel. Per Khawaja Abdul Jalil, Member--Hasan Nawaz, Member--Contra-- (c) Civil service-- --- Removal from service--Appellant a Meter Reader in WAPDA, charged for tampering with seal of meter and meter reading--Contention that he was removed from service without holding of a proper inquiry and…

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