Law:

Section:

Removal from Service (Special Powers) Ordinance (XVII of 2000)-------Ss. 3 & 5---Compulsory retirement---Failure to hold formal inquiry---Scope---Civil servant was issued show-cause notice on allegation of acquiring assets beyond known sources of income and he was compulsorily retired from service without holding formal inquiry---Validity---Allegations levelled against civil servant were of the nature which required production of evidence to prove the same---Competent authority, under S. 5 (1) and (4) of Removal from Service (Special Powers) Ordinance, 2000, had to first decide whether to appoint Inquiry Officer or inquiry Committee to scrutinize conduct of a person in government service or a person in corporation service who was alleged to have committed any acts or omissions specified in S. 3 of Removal from Service (Special Powers) Ordinance, 2000, or that there was no need of holding any inquiry as it was in possession of sufficient documentary evidence against accused to proceed without holding any inquiry---Civil servant had a right to know nature of documentary evidence in possession of competent authority on the basis of which competent authority decided not to hold inquiry and did not provide opportunity to him, to put his defence---Supreme Court set aside order and passed by authorities and Service Tribunal respectively---Appeal was allowed. Chief Election Commissioner of Pakistan and others v. Miss Nasreen Pervez 2009 SCMR 329; Muhammad Haleem and another v. General Manager" (Operation) Pakistan Railways Headquarter, Lahore and another 2009 SCMR 339; Zarar Khan v. Government of Sindh and others PLD 1980 SC 310 and Ghulam Hadi Baloch v. Gollector of Customs (Preventive) and others 1987 SCMR 602 ref. Mian Mehmood Hussain, Advocate Supreme Court for Petitioner. Aurangzeb Mirza, Advocate Supreme Court for Respondent No.1. Date of hearing: 7th October, 2009. JUDGMENT KHILJI ARIF HUSSAIN, J.--- Briefly stated the facts to decide the petition for leave, directed against the judgment of Federal Service Tribunal dated 30,-9-2008 passed in Appeal No.454(R)CE of 2005 are that a charge-sheet dated 12-11-2004 was issued to the petitioner under Removal From…

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