Law: Punjab Removal from Service (Special Powers) Ordinance, (XVII of 2000)

Section: 3,5,10

Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 4

Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)---   ----Ss. 3, 5 10---Punjab Service Tribunals Act (IX of 1974), S.4---Dismissal from service---Appeal against---Appellant was dismissed from service, without holding any regular inquiry against him on allegation that he indulged in act of moral turpitude for which a criminal case was registered against him---Appellant was acquitted in the criminal charges brought up against him by the Trial Court---Said acquittal was based on the evidence recorded in the Court by the prosecution witnesses and other documentary evidence produced before the Trial Court---Appellant, who was behind the bars, could not have the opportunity of his self--defence---Action of authorities, in circumstances, had negated the very basic principle of natural justice---No one would be condemned unheard---Appellant was dismissed from service at a time when he was helpless---Authorities should have provided full opportunity of self-defence to appellant and then proceeded to take action on the basis of the outcome of said regular proceedings/inquiry---Impugned orders were set aside and appellant was reinstated in service---Department could hold fresh proceedings under the law including regular inquiry---Intervening period during which appellant remained out of service was left to be decided by the competent authority after the outcome of the fresh proceedings.   2007 SCMR 192; 2001 SCMR 269; PLD 2003 SC 187; 1981 PLC 159 and 2006 SCMR 104 rel. JUDGMENT ARSHAD BIN AHMAD (MEMBER-III).---The appellant, Shoukat Ali, ex-driver/constable, Multan Police has assailed the impugned order, dated 6-12-2004 whereby he was dismissed from service by the Superintendent of Police, City Multan/respondent No.1. His departmental appeal/representation was rejected vide impugned order, dated 6-6-2006. 2. Learned counsel for the appellant contended that, the appellant was served with a show-cause notice, dated 28-10-2004 with the following allegations:-- You indulged in act of moral turpitude for which case F.I.R. No.803 of 2004, dated 26-10-2004 under sections 10(4)/11/7/79, I.L. Police Station New Multan has been registered against you.…

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