Law:

Section:

Civil Servants Act (LXXI of 1973)-------S. 6(1)(2)---Removal From Service (Special Powers) Ordinance (XVII of 2000), S. 3 [as amended]---Constitution of Pakistan (1973), Art.212(3)---Removal from service of employee on ground of misconduct and exercising political influence to get himself employed in the department---Only a show-cause notice was issued against the employee under Removal From Service (Special Powers) Ordinance, 2000 and no full-fledged enquiry as contemplated under S. 5 of the said Ordinance was conducted---Appointee in the present case was put on, probation for two years---Only a person appointed by initial appointment, promotion or transfer could be placed on probation and appointment on ad hoc basis had been expressly excluded---Fact that the person was appointed and was placed on probation for a period of two years clearly established the regular nature of his initial appointment---Circular of seniority list issued by the department after show-cause notice to the employee further fortified his claim that he was a permanent employee as seniority list was prepared only in the cases of regular or permanent employees---Contention of employer department that initial appointment of civil servant was made in violation of rules by asserting political pressure was without any substance as department had not been able to establish on record that the employee lacked requisite qualification and was not appointed by the competent authority--Employee could not be punished for any act or omission of the department---Department could not be allowed to take benefit of its lapses in order to terminate the service of employee merely because department had itself committed irregularity by violating the procedure governing the appointment---While awarding major penalty, a proper enquiry was to be conducted in accordance with law where full opportunity of defence was to be provided to the delinquent employee---Provision of S. 5 of Removal From Service (Special Powers) Ordinance, 2000 clearly stipulated that in case of charge of misconduct as defined in S.3 of the said Ordinance, a full-fledged inquiry was to be conducted which admittedly had not been done in the…

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