Law:

Section:

(a) Removal from Service (Special Power), Ordinance (XVII of 2000)------Ss.2(a), 2(a.a), 5,1(a)(b) & 13---S.R.O.28/(I)/2000, dated 27-5-2000--Competent Authority---Issuance of charge-sheet and statement of allegations by Chairman of the Bank ---Validity---Employee was holding substantive post of Joint Director---Employee while holding acting charge of Director could not be said to be holding substantive post of a Director----According to S.R.O.28/(I)/2000 issued under S.2(a) of the Ordinance, for persons holding post in BS-16 to BS.19, Managing Director, Chief Executive Officer of Organization (Chairman ADBP in present case) was authorised to exercise powers of Competent Authority---No infirmity was found in competency of authority, who had issued charge-sheet. (b) Removal from Service (Special Powers) Ordinance (XVII of 2000)--- ----S.2---Disciplinary proceedings---Inquiry Committee, constitution of--­Validity ---Employee was holding substantive post of Joint Director, while all the Members of Inquiry Committee were holding substantive post of Director---Employee's contention that he was holding an equal rank with Members of Inquiry Committee was, held, to be devoid of force. (c) Constitution of Pakistan (1973)--- ----Art.199---Constitutional jurisdiction of High Court---Scope---Question of mala fides was a question of fact, which had to be proved through substantial material on record---Such exercise could not be undertaken in Constitutional jurisdiction of High Court. Haji Muhammad Saif Ullah v. Federation of Pakistan PLD 1989 SC 690 ref. (d) Removal from Service (Special Powers) Ordinance (XVII of 2000)--- ----Ss.2(a), 2(a.a) & 5.1(a)(b)---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Disciplinary proceedings---Inquiry Committee--­Petitioner claiming to be employed in Grade-19 or its equivalent objected to constitution of Inquiry Committee on the ground that all its Members were enjoying equal pay scale and being equal in rank with petitioner could not become Members thereof---Validity---Question regarding equivalence of post was a question of fact---Unless and until such equivalence was determined by a competent forum,…

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