Law:

Section:

(a) Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)---------Ss.2(b) & 3(b)---West Pakistan Government Servants (Conduct) Rules, 1966, Rr.5-B & 25(b)---Dismissal from service---Civil servant was dismissed from service after charge-sheeting and holding inquiry against her on allegation of misconduct---Charges against civil servant were that; she participated in a token hunger strike against Government Policies; instigated participants of hunger strike for starting country-wide agitation against the Government Policies; instigated doctors and teachers to participate in agitational processions; made a statement during the hunger strike to observe country-wide boycott of teaching in the Medical and Educational Institutions on scheduled date and creating law and order situation in teaching institutions and disturb the peaceful academic atmosphere---Inquiry Officer examined only one witness who was a police officer, but civil servant was not allowed a chance to cross ­examine him---Inquiry Officer had not given note at the conclusion of the enquiry that civil servant was allowed opportunity to cross-examine witness but she allegedly refused to do so---Civil servant admitted her participation in the assembly on relevant date, making a speech and observing hunger strike, but instigation the participants at the time of hunger strike for starting country-wide agitation against Government Policies and other allegations against civil servant had not been proved through oral evidence---Witnesses had not stated or clarified as to what were the anti-Government slogans shouted by civil servant in an enthusiastic manner and no detail whatsoever was given about anti­ Government slogans---Freedom of association, freedom of assembly and freedom of speech were fundamental rights which had been granted under the Constitution and such rights had to be liberally construed unless and until restrictions were placed on rational grounds relating to public welfare---Allegations on basis of which civil servant was dismissed having not been proved against her, order of her dismissal was set aside and she was ordered to be re-instated in service. Government of…

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