Law:

Section:

(a) Removal from Service (Special Powers) Ordinance (XVII of 2000)-------Ss.3 & 5---Service Tribunals Act (LXX of 1973), S.4---Pakistan Railways Personal Mannual-I, cl.(iv)---Dismissal from service---Appeal against-Appellant was dismissed from service after issuing him show-cause notice, but without holding inquiry against him on certain allegations---No cogent evidence was produced in support of allegations of appellant of having persistent reputation of being corrupt and of ceasing to be an efficient employee---Authorities for proving said two charges relied on six minor punishments, but no detail of such minor punishments had been given in statement of allegations---Said punishments were awarded to appellant previously during a period from 1974 to 1994---As per cl.(iv) of Pakistan Railways Personal Mannual-I, ` minor punishments awarded under Efficiency and Discipline Rules, should be written off, if employees would not commit any irregularity for two years after expiry of punishments---Last punishment awarded to appellant was in 1994 and disciplinary proceedings against him were initiated in Nov. 2001 which meant that minor penalties awarded to appellant had already expired---Minor punishments which appellant had already suffered and which had become a chapter past and closed, could not be used to vex accused twice---Vexing appellant twice would fall within the principle of double jeopardy---Minor punishment awarded to appellant, in circumstances could not be used as a corroborative basis of evidence because appellant was not alleged to have committed any act or omission amounting to misconduct after year 1998 and as such his minor punishments had lost their force. 1989 SCMR 1224 and 2002 PLC (C.S) 738 ref. (b) Removal from Service (Special Powers) Ordinance (XVII of 2000)--- ----Ss. 3, 5, 6 & 7---Service Tribunals Act (LXX of 1973), S.4---Imposition of major penalty---Holding of inquiry---Appeal to Service Tribunal---No major penalty could be imposed in disciplinary proceedings against employees without holding regular enquiry into serious allegations of fact which were denied by such employees and same needed to be proved by recording of evidence…

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