Law:

Section:

Pakistan Insurance Corporation (Staff) Service Regulations, 1959-------Reglns.28, 29 & 30---Dismissal from service---Re-instatement--­Employee was dismissed from service after charge sheeting him on allegation of misconduct---Prior to issuing of dismissal order neither any inquiry had been held nor any cogent reason had been assigned for denying employee the right of defence---No extreme or serious penalty could be inflicted upon employee; without holding proper, regular independent and fair inquiry; without providing an ample opportunity of defence to delinquent employee; and the reasons in writing for dispensing with inquiry, if a short cut method was adopted by the punishing Authority---Authorities had failed to adhere to any of said precautions in the case of employee---Employee was entitled to full fledged inquiry before passing of a major punishment against him--­Grave injustice and violation of established rules in respect of conducting disciplinary proceedings against employee had been committed by not holding a regular, independent and thorough inquiry against employee--­Such was a fit case where charges against employee could be proved through a formal inquiry---Appeal by employee against . order of his dismissal from service, though was delayed, but since employee had been met with extreme penalty of dismissal from service, without holding any inquiry, Service Tribunal allowing application of employee for condonation of delay, condoned delay to decide appeal on merits on available record---Service Tribunal set aside order of dismissal passed against the employee and ordered re-instatement of employee to the post which he was holding at the time of his dismissal with direction to conduct an inquiry as provided under provisions of Pakistan Insurance Corporation (Staff) Service Regulations, 1959 wherein employee would be given full opportunity to defend himself and such inquiry would be completed within specified period. Ch. Rasheed Ahmed, Counsel for Appellant. Faisal Ghani, Counsel for Respondent. Date of hearing: 9th October, 2002. JUDGMENT BARKAT ALI BALOCH (MEMBER).---The Appellant, who was lastly working as Executive Director in the Pakistan…

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