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Removal from Service (Special Powers) Ordinance (XVII of 2000)-------Ss. 3, 5 & 10---Service Tribunals Act (LXX of 1973), S. 4---Demotion---Appeal---Appellant was demoted from the post of Superintendent of Police BPS-18 to post of Assistant Superintendent of Police (BPS-17) for a period of three years on allegation that he disobeyed order of his transfer from one Province to another---Appellant did not relinquish charge despite repeated directions of the Authority---Disobeying wilfully repeated directions of the Authority to relinquish the charge, amounted to misconduct---Appellant admittedly having not relinquished charge despite repeated written directions to him, holding of inquiry against appellant was not necessary---Appellant was not provided opportunity of personal hearing---Personal hearing though was almost mandatory whether it had been provided in the statute or not, but in exceptional cases, objection about personal hearing had not been considered to have vitiated disciplinary proceedings against accused civil servant---Allegations of disobedience of lawful orders of Authority against appellant had been proved on the face of record; and personal hearing had not been provided in Removal from Service (Special Powers) Ordinance, 2000 and it was also not sought by the appellant---Appellant having not been prejudiced in any way on that account, plea of appellant that he was not provided personal hearing, could not help him in his defence---Second show-cause notice to appellant was necessary only after holding a regular inquiry under S.3(1)(2) of Removal from Service (Special Powers) Ordinance, 2000---Appellant was rightly held guilty of misconduct by Authorities, but in facts and circumstances of the case, major penalty of demotion awarded to appellant was quite harsh---Penalty of demotion from BS-18 to BS-17, was converted to penalty of withholding of increments for 3 years. PLD 1994 SC 222; 2004 PLC (C.S.) 1444; 1999 SCMR 1236 and 2004 PLC (C.S.) 799 ref. M.M. Aqil Awan, for Appellant. Asif Mangi, Standing Counsel and Dr. Mehboob Alam, S.O. Establishment Division. Date of hearing: 21st April, 2005. JUDGMENT QAZI MUHAMMAD HUSSAIN SIDDIQUI,…

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