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Removal from Service (Special Powers) Ordinance (XVII of 2000)-------Ss. 3, 5, 6 & 7---Service Tribunals Act, (LXX of 1973), S. 4---Removal from service---Appellant was removed from service on charges of misappropriation and misconduct etc., without holding an inquiry and without giving him opportunity to defend himself---Validity---Where serious allegations of fact were denied by delinquent employee, regular inquiry was absolutely necessary wherein chance had to be given to such employee to meet allegations against him---Agency taking disciplinary action against its employees for imposing major penalty was obliged to issue final show-cause notice and also to provide him an opportunity of personal hearing---No inquiry was held against appellant, no second show-cause notice was issued to him and he was not personally heard---Impugned order of removal of appellant from service, being illegal was set aside---Appellant was reinstated in service with back-benefit for the period he was not gainfully employed elsewhere during intervening period. 1989 SCMR 1224; 1998 PLC (C.S.) 648; 2002 PLC (CS) 738; 1'991 PLC (C.S) 33; 1995 PLC 666; 1985 TD Service 396; 2004 SCMR 316 = 2002 PLC (C.S.) 344; 1984 PLC (C.S.) 610; 1429 PLD 1986 SC 162; PLD 1996 SC 207; 1996 PLC (C.S.) 1539 and 868; 1993 PLC (C.S.) 100; 1989 PLC (C.S.) 7671; 1997 PLC (C.S.) 873; 1993 SCMR 683; PLD 1994 SC 22; 1985 PLC (C.S.) 219 and 245; 1990 PLC (C.S) 745; 1997 SCMR 1543 = 1997 PLC (C.S.) 817; PLD 2002 SC 667; 1980 SCMR 850; 1993 SCMR 603; 1997 SCMR 1543=1997 PLC (C.S.) 817; 2001 PLC (C.S.) 296; 1988 PLC (C.S.) 886; KLR 2004 Labour and Service Cases 201; 1989 SCMR 1224; 2004 PLC (C.S.) 959; KLR Labour and Services Cases 1994 SCMR 2232 and 2004 SC 441 ref. Muhammad Nawaz Shaikh for Appellant. Ch. Rashid Ahmed for Respondents. Date of hearing: 16th April, 2005. JUDGMENT RASHID ALI MIRZA (MEMBER)---Appellant who was Commercial Clerk in Pakistan Railways was issued a show-cause notice dated 9th October, 2001 for misconduct for which major penalty of dismissal was proposed as per statement of allegations. The appellant had committed the following acts of misconduct. Mr. Ghulam Nabi, SCA/Booking,…

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