Law: Removal from Service (Special Powers) Ordinance, (XVII of 2000)

Section: 3(1)(b),5,10

Law: Service Tribunals Act, 1973

Section: 4

Removal from Service (Special Powers) Ordinance (XVII of 2000)---   ----Ss. 3(1)(b), 5 10---Service Tribunals Act (LXX of 1973), S.4---Removal from service---Appeal---Penalty of removal from service was imposed on appellant after issuing him show-cause notice, but without holding inquiry against him on charge that he misappropriated renewal fee realized by issuing fake P.T.-24 receipt which involved amount of Rs.54,815---Show-cause notice was issued on the basis of the report of Vigilance Team which report was verified by two Members Committee---Appellant, however, was not associated with proceedings of the verification carried out by the said two Members, Committee---Validity---No formal/regular inquiry having been held, proceedings of the two Members Committee could not be a substitute for regular inquiry proceedings---Matter involved was alleged misappropriation of renewal fee from licence-holders, it was therefore, appropriate that at least some of the licence holders were examined, but that had not been done in the case---When charges were contested by appellant, holding of regular inquiry was mandated, but no regular inquiry was held---Impugned order was set aside and appellant was directed to be reinstated in service from the date of his dismissal.    PLD 1985 SC 134; PLD 1994 SC 222; 1993 SCMR 603 and 1440; 1997 PLC (C.S.) 817 and 873; PLC 1971 SC 1241 and PLD 1972 SC 271 rel. JUDGMENT MUHAMMAD JAVED ASHRAF HUSSAIN (MEMBER).---This is an appeal under section 4 of the Service Tribunals Act, 1973 against the impugned order, dated 25-9-2004 whereby the major penalty of removal from service has been imposed upon the appellant. The appellant filed departmental appeal dated nil which was rejected vide departmental letter, dated 11-4-2005 whereafter this appeal dated 6-5-2005 has been filed before this Tribunal. 2. Briefly the facts of the case are that the appellant joined the respondent Postal Department in the year 1985. While posted as Post Master Kandiaro the appellant was served with a show-cause notice dated 17-3-2004 alleging that he was responsible for issuing fake PT-24 receipts for renewal of arms licences and the amount so collected…

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