Law:

Section:

Cooperative Societies Act (VII of 1925)--------S.44-C---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Dismissal from service---Petitioner was dismissed from service on charges of absence from duty and misappropriation of funds without issuance of show-cause notice and without affording him any opportunity to explain his position and to prove his innocence before Competent Authority--­Dismissal from service on certain allegation was a stigma on his career which required thorough inquiry by the Cooperative Society before passing order of dismissal---Petitioner was not afforded an opportunity of hearing and even statement of allegations was not supplied to him and no reply was called from him---Findings of Managing Committee regarding embezzlement of funds against the petitioner in circumstances were without lawful authority and without jurisdiction---Cooperative Society had passed order of dismissal against petitioner in violation of principles of natural justice---Case of petitioner was a tit one where formal inquiry was required to be held, but same having not been done, findings against the petitioner without final inquiry were unlawful order of dismissal against petitioner, was incompetently passed by the Cooperative Society because Society could refer matter to the Registrar for the removal of the services of the employee of the Society as provided under S.44-C of Cooperative Societies Act, 1925--­Managing Committee could only recommend for removal of services of petitioner and the Society itself could not pass the removal order--­Contention that petitioner was a temporary employee and could be terminated at any time, was repelled as petitioner had not been terminated, during the probation period, but had been terminated by leveling serious allegations, against him which required holding of an inquiry---Order terminating service of petitioner was set aside by High Court in Constitutional petition declaring the same to be illegal, unlawful and without jurisdiction. Ghulam Hadi Baloch's case 1987 SCMR 602 ref. Abdul Wahid Ghaudhry-for Petitioner. Ch. Muhammad Hanif Khatana, Addl. A.-G. for Respondents Date of hearing: 15th January,…

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