| Citation(s) |
|---|
| 1992 SLG 1059 1992 SLD 1059 1992 PLC 986 |
Sindh High Court
Const. Petition No. D-171 of 1984, decided on 16th March, 1992.
NASIR ASLAM ZAHID AND MUKHTAR AHMED, JUNEJO, JJ
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Const. Petition No. D-171 of 1984, decided on 16th March, 1992.
NASIR ASLAM ZAHID AND MUKHTAR AHMED, JUNEJO, JJ
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1992 P L C (C.S.) 986 AJMAIN KHAN
VS
BOARD OF INTERMEDIATE EDUCATION and 4 others 1992 P L C (C.S.) 986 AJMAIN KHAN vs BOARD OF INTERMEDIATE EDUCATION and 4 others
Law:
Section:
(a) Board of Intermediate Education Karachi Employees (Efficiency and Discipline) Regulations, 1976--- ----Regn.7---Inquiry procedure---Compulsory retirement from service---Effect of non-compliance of inquiry procedure---Where an Inquiry Committee was appointed, the Authorised Officer was required to frame a charge and communicate it together with the statement of allegations to the employee/accused requiring the employee to put a written defence. The Inquiry Officer or Committee was then required to examine such oral or documentary evidence in support of the charge or in defence of the employee and the employee was entitled to cross-examine the witness against him. Regulation No.7 makes it clear that the inquiry was to be conducted in the presence of the employee/accused so that he may cross-examine any witnesses produced in the inquiry against the employee and to lead evidence in his defence. Admittedly, the Inquiry Committee did not give any notice to the petitioner to appear before it. It also was an admitted position that the petitioner was not associated with the inquiry. In the counter-affidavit filed on behalf of the respondent Board, there was no denial of the averments made by the petitioner that he had not been given any notice and was not associated with the inquiry. Copy of the inquiry report, if any, had not been placed on record. Nor any reference had been made to such inquiry report. There was a clear violation of Regulation No.7. The impugned order was based on the report of the Inquiry Committee. It was mandatory on the part of the Inquiry Committee to associate the petitioner in…
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