Law:

Section:

Removal From Service (Special Powers) Ordinance (XVII of 2000)-------Ss.3, 5(4) & 10---Constitution of Pakistan (1973), Art.13---Dismissal from service---Appeal---Employee was dismissed from service after issuing show-cause notice, and charge-sheeting him on allegation that he was in the habit of making false complaints against various vendors and officials for ulterior motives---Competent Authority dispensed with formal inquiry on basis of documentary evidence---Employee had been punished for his past punishments awarded to him for his misconduct--­No employee could be punished twice---Article 13 of the Constitution was very clear on that point according to which no person could be vexed twice on same charge---Employee having been punished for his past misconduct, said punishments, on the principle of double jeopardy, could not be made basis for dismissal order---Competent Authority in show-cause notice had observed that formal inquiry was not needed in view of available documentary evidence---No. explanation was given in said show-cause notice as to what were the documents and what was their nature---Employee was never provided the details of available documentary, evidence to enable him to rebut the same---Show-'clause notice, in circumstances; suffered from a legal infirmity and penalty imposed upon him on the basis of such show-cause notice could not be upheld---Competent Authority had dispensed with a formal inquiry by passing a mechanical order and did not pass a speaking order containing reasons---Employee should not have been condemned on the strength of said mechanical order---Omission on part of Competent Authority to give details of documents and to supply copies of such documents on demand had resulted into miscarriage of justice---Appeal which otherwise was within time was accepted and order of dismissal passed against employee was set aside and he was re-instated in service with back-benefits. Pervaiz Inayat Malik, for Appellant. Ch. Khalil-ur-Rehman, Counsel for Respondents. Date of hearing: 4th November, 2003. JUDGMENT MOAZZAM HAYAT (MEMBER).---Appellant Muhammad Nawaz Mirza, a ticket Collector in the service of the respondents, was…

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