Law:

Section:

Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)-------Ss. 3, 5 & 10---Removal from service---Non-affording of opportunity of hearing to appellant before awarding him such punishment---Validity---Opportunity of hearing would include providing of relevant record to appellant for preparing defence and cross-examination---Impugned order could not withstand test of judicial scrutiny---Service Tribunal set aside impugned order, reinstated appellant into service and directed authority to appoint new Inquiry Officer for holding de novo inquiry and provide copies of documents demanded by appellant. Faisal Zaman Khan, Advocate Supreme Court for Petitioner. Farooq Zaman Qureshi, Advocate Supreme Court for Respondent No.1. ORDER SYED ZAWWAR HUSSAIN JAFFERY, J.--- This petition, under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973, has been filed against the judgment, dated 20-2-2008, whereby service appeal, filed by respondent No.1 Imtiaz Mehmood, was allowed. 2. Learned counsel for the petitioner has submitted that learned Tribunal has not taken into consideration section 10 of the Punjab Removal from Service (Special Powers) Ordinance, 2000, which is ultra vires of the Constitution; that respondent No.1, is neither a Government servant nor a civil servant, as notified by the Punjab Government; that the Punjab Government Benevolent Fund Board has no statutory rules, therefore, the appeal filed by respondent No.1 was not maintainable in the eyes of law; that terms and conditions of service of respondent No.1 are not regulated by a statute or statutory rules, therefore, relationship of master and servant exists between the parties. Therefore, leave to appeal may be granted. 3. We have heard learned counsel for the petitioner at considerable length and gone through the entire material available on record. The learned…

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