Law:

Section:

Removal from Service (Special Powers) Ordinance (XVII of 2000)-------Ss. 3, 5, 6 & 7---Service Tribunals Act (LXX of 1973), S.4---Removal from service---Appellant was removed from service after serving him with show-cause notice, but without holding inquiry against him on basis of his alleged bad service record, where it was reported that he had bad reputation and that he was awarded minor punishments in the past---Validity---No cogent evidence was available in support of allegations that appellant had persistent reputation of being corrupt and of ceasing to be an efficient employee---Alleged minor punishments were awarded to appellant in the past and last said punishment was awarded to appellant in the year 1994 whereas disciplinary proceedings against appellant were initiated in 2001 which would mean that minor penalties awarded to appellant had already expired---Clause (iv) of Pakistan Railways Personal Manual-I, provided that minor punishments awarded under Government Servants (Efficiency and Discipline) Rules, 1973, should be written off, if appellant would not commit any irregularity for two years after expiry of said punishment---Minor punishments which appellant had already suffered and which had become a chapter. past and closed, could not be used to vex appellant twice as yexing appellant twice would fall within the principles of double jeopardy---Minor punishments awarded to appellant in past could not be used even as a corroborative piece of evidence because appellant was not alleged to have committed any act or omission amounting to misconduct after expiry of period when his minor punishments had lost their force---Major penalty of removal from service was imposed on the appellant without holding any inquiry against him---No major penalty could be imposed in disciplinary proceedings against employees without holding regular inquiry into serious allegations of fact which were denied by employees and which needed to be proved by recording of evidence providing accused/employees full opportunity to cross-examine witnesses against them---That having not been done, order of removal from service passed against appellant was set aside and he was…

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