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

Section: 3,10

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

Section: 4

Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)---   ----Ss. 3 10---Punjab Service Tribunals Act (IX of 1974), S.4---Dismissal from service---Appeal---Appellant was dismissed from service after issuing him show-cause notice on allegation, firstly that he remained absent from duty without obtaining leave or prior permission, secondly that he was involved in a criminal case---Counsel for appellant had referred to number of documents on record to contend that appellant was not absent during the period as alleged by respondent---Involvement of appellant in the criminal case, per se was no ground for holding appellant liable for punishment under the Punjab Removal from Service (Special Powers) Ordinance, 2000, unless substantiated through evidence or the verdict of the Court---Criminal matter and Departmental proceedings could go side by side---Major penalty of dismissal from service was imposed on appellant by adopting a summary procedure of issuance of show-cause notice, which was not appropriate, because controversial question of facts were involved in the case which needed evidence---Dispensing with regular inquiry being not proper, impugned orders were not sustainable in the eyes of law---Impugned orders were thus, set aside and appellant was ordered to be reinstated into service---Departmental proceedings against appellant would be deemed to be pending. JUDGMENT FAKHAR HAYAT (MEMBER-V).---Brief facts of the case are that the appellant an Ex-A.S.-I. in the Punjab Police was issued a show-cause notice and proceeded departmentally on the following allegations: (1) Absent from official duty w.e.f. 9-2-2005 till to date i.e. 21-4-2005, without obtaining leave or prior permission. (2) Involved in case F.I.R. No.445, dated 15-8-2004 under section 409, P.P.C. and 156 Police Order, 2002 registered at Police Station Lytton Road, Lahore. As according to the impugned order the appellant did not bother to reply to the show-cause notice, therefore, he was proceeded against ex parte. The punishment of dismissal from service was passed by the respondent No.3 on 21-4-2005. The appellant preferred an appeal which was rejected by the respondent No.2 vide…

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