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

Section: 5

Law: Constitution of Pakistan, 1973

Section: 212(3)

Removal from Service (Special Powers) Ordinance (XVII of 2000)----S. 5---Constitution of Pakistan (1973), Art.212(3)---Departmental proceedings--- Regular inquiry, dispensing with---Grievance of civil servant was that he was compulsorily retired from service without holding any regular inquiry and without providing him proper opportunity to defend his case---Validity---Except in extraordinary and exceptional circumstances, dispensation of regular inquiry in case involving factual controversy would amount to withholding right of fair opportunity of a person to rebut the charges against him---Civil servant was proceeded departmentally and he was duly informed of charges levelled against him and high power committee was constituted to probe into the matter---Civil servant was afforded reasonable opportunity of personal hearing before imposition of penalty and the same was considered enough to provide opportunity of defence---It was for competent authority to decide whether formal inquiry was required, or not in terms of provisions of S.5(4) of Removal from Service (Special Powers) Ordinance, 2000---Service Tribunal had rightly dismissed appeal filed by civil servant assigning sound and cogent reasons, which were not open to legitimate exception---Civil servant failed to point out any misreading or non-reading of material on file or any infirmity, legal or factual, calling for interference by Supreme Court---No substantial question of law of public importance could be raised within the meaning of Art.212(3) of the Constitution---Leave to appeal was refused. Secretary to Government of N.W.F.P. Zakat/Social Welfare Department, Peshawar and another v. Sadullah Khan 1996 SCMR 413; Abdul Samad and others v. Federation of Pakistan and others 2002 SCMR 71; Engineer Naraindas and another v. Federation of Pakistan and others 2002 SCMR 82; Inspector-General of Police, Police Headquarter Office, Karachi and 2 others v. Shafqat Mehmood 2003 SCMR 207; Syed Yaqoob Shah v. XEN PESCO (WAPDA), Peshawar and another PLD 2002 SC 667; Federation of Pakistan through Secretary, Establishment Division, Government of Pakistan, Islamabad and another v. Noor Jamal, Ex-Executive Engineer 2004…

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