Law:

Section:

Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)-------Ss. 2(aa) & 3---Punjab Service Tribunals Act (IX of 1974), S.4---Dismissal from service---Appeal---Penalty of dismissal from service was imposed on appellant after serving upon him show-cause notice, but without holding inquiry against him on allegation of misconduct and bad reputation---Competent Authority while issuing penalty orders had not discussed the merits of the case---Dates of personal hearing though had been mentioned in penalty orders, but no proof was given about service of said notices---In case department had authentic proof about service of personal notice for hearing, then it should have opted ex parte proceedings and passed order by taking in view merits and material evidence on record---Department had not passed orders by taking into consideration reply of appellant and departmental evidence---Ex parte orders of Authority against appellant was totally against provisions of Punjab Removal from Service (Special Powers) Ordinance, 2000---Entire process was one sided and appellant was not afforded reasonable opportunity of defence---Such orders without defence of appellant, were unlawful---Both orders of Departmental Authorities were set aside---Appellant was reinstated into service, regular inquiry was ordered and fate of intervening period would be decided after outcome of inquiry. Pervaiz Inait Malik for Appellant. Nemo for Respondents. Date of hearing: 17th November, 2006. JUDGMENT K.B. ABID (MEMBER-II).---Facts in brief are that appellant Shahid Naeem, Ex-Excise and Taxation Officer was served show-cause notice containing the following charges: (i) That on 25-9-2001 at 2-00 p.m. while checking Motor Vehicles on road near Jalandhir Cotton Factory, Qaboola Road, Arifwala, appellant stopped the Vehicle LPT-8411 and the driver of the said vehicle produced a valid token but you did not accept and instead maltreated and man-handled the wagon driver and also abused and slapped him on the road and insisted that token was wrong. (ii) That appellant abducted Muhammad Sharif the father of Ghulam Rasool resident of Mohallah Pir Kot, Pakpattan on 1-3-2002 and sent him to…

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