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

Section: 3,5(4),10

Law: Service Tribunals Act, 1973

Section: 3

Law: Civil Servants Act, 1973

Section: 2(b)

Law: Constitution of Pakistan, 1973

Section: 199,221

(a) Removal from Service (Special Powers) Ordinance (XVII of 2000)---   ----Ss. 3 5(4)---Dismissal from service---Procedure---Before imposing such penalty, regular inquiry must be held to determine factual basis of allegations required to be proved in accordance with law---When allegations required explicit proof, then holding of inquiry could not be dispensed with---Principles.   (b) Removal from Service (Special Powers) Ordinance (XVII of 2000)---   ---Ss. 3, 5(4) 10---Service Tribunals Act (LXX of 1973), S.3---Civil Servants Act (LXXI of 1973), S.2(b)---Election Commission of Pakistan Rules, 1989, Rr.5, 10 12---Constitution of Pakistan (1973), Ars.199 221---Constitutional petition before High Court---Employee of Election Commission of Pakistan---Compulsory retirement from service--Charge of misconduct---Imposition of such penalty after finding petitioners reply to show-cause notice as unsatisfactory without holding regular inquiry---Validity---Before imposing such penalty, regular inquiry must have been held to determine factual basis of such allegations, which were required to be proved in accordance with law---When allegations required explicit proof, then holding of inquiry could not be dispensed with---Election Commission was performing functions in connection with affairs of Federation---Chief Election Commissioner in exercise of powers under Art.221 of the Constitution and with approval of the President had framed rules relating to terms and conditions of employment in Commission notified as S.R.O.128(I)/89, dated 5-2-1989---Petitioner would be considered a civil servant as his terms and conditions of service were determinable by Federal Legislature under Art.221 of the Constitution and governed by statutory rules---Allegations levelled in show-cause notice did not constitute misconduct as defined in Removal from Service (Special Powers) Ordinance, 2000---Impugned order was set aside and petitioner was reinstated in service with all back-benefits.    ORDER SABIHUDDIN AHMED, J.--- Briefly stated the facts of the matter are that the respondent was serving as Deputy Secretary in the office of Provincial Election Commission, Sindh…

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