Law:

Section:

Removal from Service (Special Powers) Ordinance (XVII of 2000)-------Ss. 3, 5, 6 & 10---Removal from service---Appeal---Appellant was removed from service after charge-sheeting him on allegation of misconduct and corruption, but without holding inquiry against him---Appellant having denied the allegations against him, it was incumbent upon the Authority to hold detailed inquiry to substantiate the charges against him---Appellant having been awarded maximum punishment of removal from service without holding enquiry against him, order of his removal from service was set aside and he was reinstated in service with direction to Authorities to hold de novo enquiry proceedings against him on same allegations within period of six months. Sanaullah Noor Ghauri for Appellant. Latif Saghar for Respondents. Date of hearing: 15th June, 2004. ORDER MUHAMMAD IQBAL KHAN (MEMBER).---Heard the learned counsel for the parties concerned and also perused the record. The charge-sheet dated 6-2-2004 and the Statement of Charges enclosed therewith read as under:-- "No. 7 KGC-28/MPS/2002 Dated 1-2-2002 1. Whereas you are charged with misconduct as per statement of charges attached. 2. And whereas the competent authority has decided that there is no need of holding an enquiry against you under subsection 4 of section 5 of Ordinance XVII of 2000 Removal from Service (Special Powers) Amended Ordinance No.V of 2001 and that proceedings are being initiated under section 5(4) of the Removal from Service (Special Powers) Ordinance 2000 which might entail imposition of a major penalty of "Dismissal" from service as specified in section 3 of the said Ordinance. 3. Now, therefore, you are required to show cause within seven days from the day of receipt of this notice as to why the proposed action should not be taken against you. 4. If no response is received from you within the time stipulated above, it would be presumed that either you have no defence to offer and/or you have wilfully declined to do so. The case shall then be decided on "ex parte" without further reference. (Sd) DIVISIONAL SUPERINTENDENT PAKISTAN RAILWAYS, KARACHI (COMPETENT AUTHORITY) NO. 7-KGC-/MPS/2002 Dated 2-2002"…

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