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

Section: 5(1)(a),7,5

Law: Constitution of Pakistan, 1973

Section: 212(3)

(a) Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)---S. 5(1)(a) & Explanation---Constitution of Pakistan (1973), Art.212(3)---Communication to accused civil servant, the charges and the statement of allegations by the Inquiry Committee---Enquiry Officer had been saddled with the duty only to communicate to the accused/civil servant the charges and the statement of allegations, otherwise, the statement of allegations and charges were to be prepared and issued by . the competent authority, and if the competent authority had directly issued and served the charge-sheet and statement of allegations upon the civil servant, the aim, purpose and spirit was duly served by the provisions of S.5(1)(a) & Explanation, Punjab Removal from Service (Special Powers) Ordinance, 2000. (b) Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)--- ----S. 7---Enquiry Officer was conferred with the powers under S.7, Punjab Removal from Service (Special Powers) Ordinance, 2000 to regulate its own procedure. (c) Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)--- ----Ss. 5 & 7---Constitution of Pakistan (1973), Art.212(3)---Communication of charges and allegations against accused civil servant---In the present case, first charge levelled against the civil servant was wilful absence from duty for about seven months---While submitting written reply, no specific explanation, as to how the allegation was incorrect or that the civil servant had been attending the office or to his assigned work, was mentioned---No proof was appended to the written, reply to disprove the allegation; same was the case with the other charges levelled against the civil servant which were considered to have been proved against him---Judgment rendered by Service Tribunal against the civil servant could not be held to be illegal, and amenable to be interfered with by the Supreme Court---Petition for leave to appeal by civil servant was dismissed. JUDGMENT SHEIKH HAKIM ALI, J.---A doctor, who is at the verge of retirement has come to this Court through the instant civil petition against the judgment dated 22-8-2007 passed by the learned Punjab Service…

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