Law: Removal from Service (Special Powers) Ordinance, (XVII of 2000)

Section: 3,5,6,10

Law: Constitution of Pakistan, 1973

Section: 199

Removal from Service (Special Powers) Sindh Ordinance (IX of 2000)---   ----Ss. 3, 5, 6 10---Constitution of Pakistan (1973), Art.199---Constitutional petition---Removal from service---Petitioner had alleged that he was removed from service without affording an opportunity of - hearing and issuance of show-cause notice on the charge of misconduct---Validity---Before removing the petitioner from service, enquiry was conducted and he was given an opportunity to plead his case---Fact of conducting enquiry proceedings had been admitted by the petitioner in his departmental appeal---Such fact found support from the non-denial of respondents statement in his parawise comments about the participation of the petitioner in enquiry proceedings---After said admission, arguments advanced by the counsel for the petitioner that in terms of S.3(2) of Removal from Service (Special Powers) Sindh Ordinance, 2000 he was not informed by the competent Authority for the action to be proposed against him; and no opportunity of hearing was provided to him, had no weight as proper opportunity to defend his case was given to the petitioner---Petitioner was terminated/removed from service after due enquiry, which was apparent from the documents placed by the petitioner and the statement made by the authorities in their parawise comments as to the holding of enquiry against the petitioner.    Executive Engineer, Qadirabad Barrage, Division Qadirabad and others v. Ejaz Ahmad 2007 SCMR 1860; Muhammad Idrees v. Agricultural Development Bank of Pakistan and others PLD 2007 SC 681 and Anwar Parvez v. Chairman, Board of Intermediate and Secondary Education, Abbottabad and 2 others 2005 SCMR 1063 ref. ORDER MRS. YASMIN ABBASEY, J,---With the allegation that without affording an opportunity of hearing and issuance of show-cause notice. Petitioner was removed from service on the charge of misconduct, redress of grievance sought for from this Court. Referring to the case of Executive Engineer, Qadirabad, Barrage, Division Qadirabad and others v. Ejaz Ahmad 2007 SCMR 1860, it is argued that the non-issuance of show-cause notice has been observed flagrant violation of the provisions of…

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