Law:

Section:

North-West Frontier Province Local Councils Servants (Efficiency and Discipline) Rules, 1980-------Rr.5 & 6---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Dismissal of municipal employee belonging to Provincial Unified Group of Functionaries and governed by N.-W.F.P. Local Councils Servants (Efficiency and Discipline) Rules, 1980 on the charge of embezzlement--­Contentions of the petitioner/employee was that no opportunity was given to him by the Inquiry Officer to plead his case and thus he had been condemned unheard and that order of dismissal was passed by the Secretary, Government of N.-W.F.P., Local Government in the capacity as "Authority" as well as "Authorised Officer", which was not warranted by law and liable to be struck down---Validity---Record showed that Provincial Secretary, Local Government not only charge-sheeted the employee in the capacity of "Authority" but in the same capacity, he also dismissed him from service--­"Authority" and "Authorised Officer" were quite separate and distinct entities, under N.-W.F.P. Local Councils Servants (E&D) Rules, 1980, each having separate functions to perform and the functions of one could not be performed by the other but, in the present case, both the functions of "Authority" and "Authorised Officer" had been performed by one and the same person---Where the law required a thing to be done in a particular manner, the doing of that thing in any other manner would be illegal and would vitiate the proceedings---No explanation of the employee having been called for, the order of his dismissal could not be maintained---High Court set aside the order of the Provincial Secretary, Local Government with direction that the employee be reinstated in service immediately--­Constitutional petition having been accepted on the technical grounds, the Authority, if so desired could take fresh action against the employee, but before doing so, the Provincial Government would be well advised to clearly define/notify the "Authorised Officer", "Authority" and the "Appellate/Review Authority" for the matter and then to take action against the employee according to law. PLD 1981 SC 176 ref. Rustam…

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