Law:

Section:

North-West Frontier Province Removal from Service (Special Powers) Ordinance (V of 2000)------Ss. 3 & 5---North-West Frontier Province Service Tribunals Act (I of 1974), S.4---Imposition of penalty of reduction to the lower post---Appeal---At relevant time when appellant was posted as Head of' E.N.T. Department and Vice-Principal of the Medical College concerned, an incident had taken place in which one Doctor of said college was murdered and attempt at the life of other one was made---Said occurrence gave rise to severe agitation by the students and staff of college concerned---Unruly and excited mob could not be controlled even by the police and District Executives---Appellant was proceeded against by serving him show-cause notice and major penalty of reduction to lower post, was imposed upon him on certain allegations including that he failed to control the said situation---Disciplinary proceedings were initiated against appellant by issuing him a show-cause notice, but neither charge was framed against him nor same was communicated to him---Effect---Statement of allegations was not a mere formality, but a mandatory requirement of law---No regular enquiry was conducted in the case, whereas holding of a regular enquiry was essential in the case in view of serious nature of charge against appellant---Enquiry, if any, was conducted, was defective as same was allegedly conducted by a Grade-19 officer, while appellant was Grade 20 officer---Unruly mob, which could not be controlled by District Administration, how could have been controlled by the appellant---Punishment awarded to appellant being not warranted by law, was amenable to interference by Service Tribunal---Appeal was accepted as prayed for. PLC 1989 (C.S.) 235 & 532; PLD 1971 SC 61, 71 & 124; PLD 1975 LHC 780; PLD 1975 SC 678; 1999 SCMR 1311; 2003 SCMR 104; 1988 SCMR 1316; PLD 1969 SC 65; PLD 1976 SC 37; 2004 PLC (C.S.) 959; 2003 PLC (C.S.) 353; 2004 PLC (C.S.) 1400; 2004 PLC (C.S.) 1293; 2004 SCMR 1662; 1996 SCMR 802; PLD 1981 SC 176; 1993 SCMR 1440; PLD 1982 Peshawar 165; 1999 PLC (C.S.) 1332; 2004 PLC (C.S.) 1591; 2004 PLC (C.S.) 1583; 2004 PLC (C.S.) 1306; 2004 PLC (C.S.) 688; 2005 SCMR…

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