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Section:

Removal from Service (Special Powers) Ordinance (XVII of 2000)------Ss. 3, 5, 6 & 7---Service Tribunals Act (LXX of 1973), S.4---Dismissal from service---Appeal---Appellant serving as Engineer (BPS-19) was dismissed from service after issuing him show-cause notice and charge-sheeting him on allegation of misconduct, inefficiency, etc.---Disciplinary proceedings against appellant had not been drawn in accordance with Removal from Service (Special Powers) Ordinance, 2000---Allegations against appellant were not specifically mentioned in office order whereby Inquiry Committee of three officers was constituted under the orders of competent Authority---Inquiry was held on the basis of earlier statements of appellant and others and their statements were recorded in the form of question-answer by Inquiry Committee---Appellant denied the allegations contained in the two show-cause notices, but no chance of cross-examination was given to appellant---Validity---No chance having been given to appellant to cross examine the witnesses, disciplinary proceedings against him stood vitiated and on such proceedings appellant could not have been penalized legally---Where allegations of fact were denied, a departmental inquiry was absolutely necessary giving accused full chance of defending himself by means of cross-examination, but that had not been done in case of appellant by Inquiry Officer or Inquiry Committee---Regular inquiry, which had to be followed by a charge-sheet, was not dispensed with in the two show-cause notices and no reason for that was mentioned therein---Impugned order of dismissal otherwise issued by incompetent Authority, being illegal, void and nullity in the eyes of law, was set aside with direction to authorities to reinstate appellant in service from the date of his dismissal with all back-benefits for the period he was not gainfully employed elsewhere. Pir Bux Langah v. Chairman, National Highway Authority and others Appeal No.1138(R)CE of 2002; 1997 PLC (CS) 873; 2003 SCMR 207; 2000 PLC (CS) 1252; 1997 TD (Service) 346; NLR 2003 (Service 1; 1980 SCMR 850; 1997 SCMR 1543; 2004 SCMR 316; 2004 SCMR 49; 2005 SCJ 455; 2003 PLC (CS) 314; 2003 SCMR 1126;,…

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