Law:

Section:

Removal from Service (Special Powers) Ordinance (XVII of 2000)-------S. 3, 5 & 6---Service Tribunals Act (LXX of 1973), S.4---Dismissal from service---Appeal---Appellant was dismissed from service after charge-sheeting him and holding inquiry against him on certain charges of misconduct including remaining absent from duty for more than ten years by producing medical certificate of a doctor, but in fact he visited different countries without obtaining N.O.C. for issuance of Passport---Charge of issuance of Passport without obtaining N.O.C., was not framed in earlier proceedings against appellant---Authorities were fully competent to take appropriate action against' appellant on said charge---Appellant had not denied having gone abroad and obtaining a Passport from there, but his defence was that he was unaware of the rules pertaining to N.O.C. for visit abroad---Ignorance of law and rules, was not a good defence in disciplinary proceedings---If other employees had committed same irregularity, it would not justify commission of same irregularity by appellant---Serious misconduct was committed by appellant when he left Pakistan, while in service, without obtaining N.O.C.---Penalty imposed upon appellant on said charge, did not suffer from any legal error---Authorities had not passed any mechanical order on basis of alleged direction of Minister, but said order was passed after observing all legal formalities---Specific charge was framed against appellant and he was given an opportunity to defend himself---Appellant was not able to defend charge levelled against him in disciplinary proceedings---Serious misconduct having been committed by appellant in leaving the country without N.O.C. while in service of the Authority, penalty of dismissal from service, had rightly been imposed strictly in accordance with Removal from Service (Special Powers) Ordinance, 2000---In absence of any illegality, said order could not be interfered with in appeal. 2004 PLC (C.S.) 1517 and 1995 PLC (C.S.) 349 ref. Sheikh Abdul Hameed for Appellant. Muhammad Sultan Masood for Respondents. Date of hearing: 22nd December, 2004. JUDGMENT MOAZZAM HAYAT (MEMBER).--- Appellant Saeed Akhtar…

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