Law:

Section:

Removal from Service (Special Powers) Ordinance (XVII of 2000)-------Ss. 2(aa), 3, 5 & 10---Service Tribunals Act (LXX of 1973), S. 4---Dismissal from service---Appeal to Service Tribunal---Appellant was dismissed from service on charges of misconduct, corruption, embezzlement and misappropriation of amount etc.---Serious legal and procedural infirmities appeared in the disciplinary proceedings conducted against appellant---Order of dismissal from service against appellant was issued by Chief Election Commissioner acting as Competent Authority, and order of inquiry along with statement of allegations was issued against appellant by Secretary, Election Commission also in the capacity of Competent Authority---Charge­sheet along with statement of allegations, was required to be issued by Enquiry Officer rather than Competent, Authority--First show-cause notice was issued by Secretary, Election Commission acting as Competent Authority and second show-cause notice was issued by Chief Election Commissioner acting as Competent Authority without realizing that earlier the Secretary Election Commission also had acted as Competent Authority in issuing first show-cause notice---Such involved violation of .Rules , as said rules did not stipulate two Competent Authorities of different levels in dealing with disciplinary proceedings against same officer---Shifting stand and indecision about single Competent Authority had caused serious prejudice to the defence of appellant as contradictory and self-defeating orders appointing different Competent Authorities were issued quoting the same section of Removal from Service (Special Powers) Ordinance, 2000---Complainants against appellant remained untraced and nobody owned complaints against appellant, but Authorities assumed the role of complainants and started probing complaints against appellant suo motu converting them into allegations, which was another' legal and procedural infirmity in disciplinary proceedings---Allegations were not established with tangible evidence, but allegedly were proved on basis of suppositions and presumptions and Enquiry Committee did not probe into said allegations as per prescribed…

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