Law:

Section:

Removal from Service (Special Powers) Ordinance (XVII of 2000)------Ss. 3(1) & 5(4)---Fundamental Rules, R.29---Constitution of Pakistan (1973), Art. 212(3)---Misconduct---Civil servant was served with a charge sheet and a show-cause notice on the charge of misconduct on account of corrupt practices---Civil servant, in his reply repudiated the allegations and claimed to have been falsely implicated in the matter---Reply having been found unsatisfactory, the competent authority without resorting to full fledged inquiry, in exercise of powers under S.3(1) of the Removal from Service (Special Powers) Ordinance, 2000, imposed upon civil servant penalty of reduction to a lower pay scale with retrospective effect and without specifying the period of penalty imposed---Validity---Held, proceedings carried out in the case suffered from gross legal infirmities such as violation of Rule 29 of the Fundamental Rules as period for punishment was not specified and major penalty was imposed retrospectively---Enquiry Officer thus certainly went beyond the scope to examine the real controversy---Reduction in rank constituted major penalty and required full-fledged inquiry and inquiry could not have been dispensed with in terms of S.5(4) of the Removal from Service (Special Powers) Ordinance, 2000---Leave to appeal was declined to the employing department. Pakistan Telecommunication Company Limited v. Messrs Muhammad Saeed Wazir 2005 SCMR 1225 fol. Ch. Muhammad Ashraf, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing: 18th March, 2008. JUDGMENT IJAZ-UL-HASSAN KHAN, J.---Secretary Kashmir Affairs and Northern Areas Division, Islamabad, petitioner, seeks leave to appeal against the judgment dated 2-1-2008 rendered by Federal Service Tribunal, Islamabad, setting aside order/Notification dated 24-4-2003 and restoring Saeed Akhtar, respondent, to his original position with all consequential benefits. 2. Facts necessary for disposal of instant petition are, that respondent was served with a charge sheet dated 3-7-2002 and a show-cause notice dated 1-2-2003 on the charge of misconduct on account of corrupt practices. Respondent was accused of having,…

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