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--- Imposition of penalty of compulsory retirement---Appeal---Penalty of compulsory retirement was imposed on appellant after charge-sheeting him on certain. allegations---Appellant had alleged that charge sheet was issued unauthorizedly by the Inquiry Officer, while the statement of allegation was unsigned---Validity---Disciplinary proceedings initiated against appellant were ab initio void as under the Explanation under S.5 of the Punjab Removal from Service (Special Powers) Ordinance, 2000, it had been clearly mentioned that the order of inquiry and statement of allegations would be signed by the Competent Authority and that the Inquiry Officer would only communicate the charge-sheet to accused---Competent Authority being the Registrar for the appellant, Inquiry Officer could not sign the charge-sheet---Personal hearing was also found to have been granted by the Vice-Chancellor, who was not the competent Authority on whose orders Registrar as the competent Authority issued the impugned orders, whereas he should have himself granted the personal hearing and taken a decision independently---Disciplinary proceedings against appellant in view of said grave lacunae, being ab initio void, impugned orders were set aside and appellant was reinitiated in service to face fresh proceedings including regular inquiry proceedings providing the opportunity of defence to appellant under the law. JUDGMENT ARSHAD BIN AHMAD (MEMBER-III).--- Appellant Muhammad Nawaz Sheikh, former Assistant Controller Examination, Punjab University has impugned the order of his compulsory retirement dated 14-7-2006 issued by the respondent No.1/Registrar of the University of Punjab on behalf of the respondent No.3/Vice Chancellor of the said university. 2. Brief background of the case is that the appellant was served with a charge sheet along with statement of allegations dated 1-2-2006 by Zahid Karim Khan, Assistant Professor/Inquiry Officer under Punjab Removal from Service (Special Powers) Ordinance, 2000 with the following charges:--- Charge Sheet (1)…

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