Law:

Section:

Removal from Service (Special Powers) Ordinance (XVII of 2000)-------S. 3---Service Tribunals Act (LXX of 1973), S.4---Removal from service---Appeal---Appellant was removed from service on charges of serious misconduct, commission of fraud and defalcation of Government revenue after issuing him show-cause notice, but without holding any inquiry against him---Despite denial of serious allegations of fact by appellant, regular inquiry against appellant was dispensed with, without assigning any reason---Object of preliminary inquiry was to collect evidence and material and to determine the truthfulness of allegations' levelled against an employee---Employee could be declared guilty only through a regular inquiry which was held after charge-sheet was issued to him---Authority, in the case did not feel the necessity of holding a regular inquiry against appellant and for imposing penalty on him banked merely on the report of preliminary inquiry---Proceedings conducted by authorities which resulted into the dismissal of appellant from service, could not be protected---Fact-finding inquiry could never be a substitute for a regular inquiry and it could not be used against appellant for awarding major penalty of dismissal from service---Accepting appeal, impugned order, was set aside and case was remanded with direction to authorities to reinstate appellant ' and hold de novo disciplinary proceedings against appellant on same allegations within specified period. 2003 PLC (C.S.) 1304 = 2003 SCMR 1718; 1986 SCMR 74; 1993 PLC (C.S.) 419; 1984 PLC (C.S.) 641; 1986 PLC (C.S.) 894; PLD 1994 SC 222; 1985 PLC (C.S.) 245; 2004 SCMR 1662; 1993 SCMR 603 and PLJ 2000 SC 255 ref. Sanaullah Noor Ghauri for Appellant. Muhammad Latif Saghar for Respondents. Date of hearing: 13th October, 2005. JUDGMENT RASHID ALI MIRZA (MEMBER).---Through the instant appeal under Section 4 of the Service Tribunals Act, 1973, the appellant has challenged the impugned order dated 21-7-2001 of his removal from service under Removal from Service (Special Powers) Ordinance, 2000 praying therein to allow the appeal, set aside the impugned order and direct the respondents to reinstate him in service with all…

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