Law:

Section:

Removal from Service (Special Powers) Ordinance (XVII of 2000)-------Ss. 3, 4, 5, 6 & 7---Service Tribunals Act (LXX of 1973), S. 4---Compulsory retirement from service-Appeal-Penalty of compulsory retirement was imposed upon appellant after charging him for misconduct---Appellant had rendered unblemished service for about 28 years and during such long period of service he was neither penalized under Government Servants (Efficiency and Discipline) Rules, 1973 nor any adverse entry was made in his confidential report---No show-cause notice was issued to the appellant and Inquiry Committee did not conduct inquiry under S.6 of Removal from Service (Special Powers) Ordinance, 2000---No prosecution witness was examined in presence of appellant or subjected to cross-examination by him---Fact-finding. inquiry, in circumstances was defective and major punishment of compulsory retirement from service, was not maintainable in the eye of law---Appellant was cross-examined by Inquiry Committee which legally was not justified---Appellant was not afforded any chance or opportunity to produce any witness to defend himself---Appellant was also not supplied copy of report of Inquiry Committee to offer his explanation about adverse finding of Inquiry Committee---No financial loss was sustained by the Authority by alleged misconduct of appellant---Authority had imposed major penalty upon appellant with retrospective effect---No executive order could operate retrospectively---Impugned order was illegal on that score also---Punishment of compulsory retirement from service did not commensurate with gravity of alleged misconduct as possession of cigarettes carton did not amount to misconduct---Appellant was awarded major punishment of compulsory retirement from service, while his colleague was awarded minor penalty of warning which was clear case of discrimination---Appellant having not been confronted with alleged confession in regular inquiry, same was not valid---Proceedings against appellant having not been conducted in accordance with rules and principles of natural justice having also been violated in case of appellant, impugned order passed against him was set aside and he…

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