Law:

Section:

Pakistan International Airlines Corporation Employees (Service and Discipline) Regulations, 1985-------S.II, C1.75 (h), (ah) & (aj)---Removal from Service (Special Powers) Ordinance (XVII of 2000), Ss.3, 5 & 8 [as amended by Removal From Service (Special Powers) Ordinance. (V of 2001)]---Constitution of Pakistan (1973), Art.212(3)---Removal from service---Proper inquiry, non-conducting .of---Employee was exonerated in departmental inquiry conducted against her under Pakistan International Airlines Corporation Employees (Service and Discipline) Regulations, 1985---Second inquiry was conducted under the provisions of Removal from Service (Special Powers) Ordinance, 2000, and the employee was dismissed from service---Service Tribunal allowed the appeal filed by the employee and reinstated her in service with back benefits---Plea raised by the Pakistan International Airlines Corporation was that the employee was rightly dismissed from service as there was no bar on conducting the second inquiry under the provisions of Removal from Service (Special Powers) Ordinance, 2000---Validity---On failure of first inquiry, second inquiry was initiated under the Removal from Service .. (Special Powers) Ordinance, 2000---Such action was unjustified and it showed that the employer was bent upon to remove the employee from service in any case---In case of charge of misconduct, under S.5 of Removal from Service (Special Powers) Ordinance, 2000, a full-fledged inquiry was to be conducted, which had not been done in the case---In case of awarding major penalty. a proper inquiry was to be conducted in accordance with law wherein a full opportunity of defence was to be provided --- Judgment passed by Service Tribunal was based on valid and sound reasons and was in consonance with the law laid down by Supreme Court--­Neither there was misreading or non-reading of material evidence nor misconstruction of facts and law---No question of general public importance, as contemplated under Art.212(3) of the Constitution was involved in the case---Leave to appeal was refused. Inspector-General of Police, Police Headquarters Office, Karachi and 2 others v. Shafqat Mehmood 2003 SCMR 207…

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