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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---Removal ' from service---Appeal---Appellant earlier was inflicted the punishment of two steps back in his pay scale for two years for being absent unauthorizedly from duty---Appellant thereafter was allowed to resume duty and was directed to report to HDP-I for further posting---Plea of appellant was that he reported to HDP-I accordingly, but he was not taken on duty---Allegation of the Authority was that though appellant reported to HDP-I, but thereafter he absented himself from duty and was issued show-cause notice---Authority without holding inquiry, removed the appellant from service on ground of being absent from duty---Appellant had clearly denied that he had disappeared or was not available for performing duty after reporting to HDP-I---Holding of proper inquiry was called for in view of such eventuality, which was not conducted and appellant was imposed the major penalty through summary proceedings of issuance of show-cause notice only---Show-cause notice also did not explain the reason for dispensing with the inquiry---Regular inquiry was imperative and by not holding such an inquiry, appellant had been denied his due right of presenting his case and defending himself---Impugned order was set aside with direction that appellant would stand reinstated in service from the date of his removal---Department, however would be within its right to hold a regular inquiry which could be completed within six months---Payment of back benefits to the appellant would depend on the outcome of the said inquiry. 1997 SCMR 1543; 2003 TD (Service) 242; 2004 SCMR 316=2004 PLC (C.S.) 344; 1986 PLC (C.S.) 719; 1985 SCMR 1178; 2004 TD (Service) 349; PLD 2002 SC 667; 1985 PLC (C.S.) 518; PLJ 2003 TRC (Service) 66 and 1988 SCMR 1352 rel. Sanaullah Noor Ghouri for Appellant. Amanul Haq for Respondents. Date of hearing: 9th February, 2008. JUDGMENT MUHAMMAD JAVED ASHRAF HUSSAIN (MEMBER).---This is an appeal under section 4 of the Service Tribunals Act, 1973 against the impugned order, dated 16-9-2004 whereby the major penalty of removal from service…

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