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 after issuing him show-cause notices, but without holding any regular inquiry against him on ground of wilful absence from duty---Both show-cause notices were suffering from a grave lacunae in that, no mention of dispensation of regular inquiry was made therein as required under S.5 of the Punjab Removal from Service (Special Powers) Ordinance, 2000---Authorities vide original impugned orders, upheld by Appellate Authority, without any modification, had treated the period of absence as leave without pay---Period of absence treated as leave without pay, amounted to condonation of the absence---Said legal infirmities were so serious that same could not be ignored as those had rendered the impugned orders ineffective liable to be set aside---Impugned orders were set aside and appellant was reinstated in service to face fresh proceedings including regular inquiry under the law---Period of absence and that which appellant had spent out of service, would be decided by the competent authority as an outcome of the fresh proceedings.    2006 SCMR 846; 2006 SCMR 434 and 2006 SCMR 1653 rel. JUDGMENT ARSHAD BIN AHMAD (MEMBER-III).---Muhammad Tasleem Shoukat, Ex-Constable, Punjab, Constabulary, Abbas Lines, Lahore while posted in Lahore was issued two show-cause notices, dated 29-7-2005 and 16-9,2005 for wilful absence from duty from 3-7-2005. Since no replies were received, ex parte proceedings were taken under the Punjab Removal from Service (Special Powers) Ordinance, 2000 and the appellant was dismissed vide impugned order, dated 19-10-2005 passed by the respondent No.1. The departmental representation filed by the appellant, dated 10-11-2005 was rejected vide impugned appellate order, dated 9-12-2006 by the Appellate Authority/ respondent No.2. 2. Learned counsel for the appellant contended that, the absence was not wilful and that, the appellant was seriously ill on account of severe backache. It was contended that, the appellant had…

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