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HAKIMULLAH vs GOVERNMENT OF N — 2008 PLC(CS) 211 N.-W.F.P. Service Tribunal

Case information

Citation
2008 PLC(CS) 211 N.-W.F.P. Service Tribunal
Year
2008
Reporter
PLC
Parties
HAKIMULLAH vs GOVERNMENT OF N
Subject matter
Criminal
Provisions referred to
S. 4---D; Service Tribunals Act; North-West Frontier Province Service Tribunals Act (I of 1974)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

HAKIMULLAH VS GOVERNMENT OF N.W.F.P. through Chief Secretary. Dismissal from Service--TERM , N.-W.F.P. Removal From Service (Special Powers) Ordinance 2000--10 , N.-W.F.P. Removal From Service (Special Powers) Ordinance 2000--3 , N.-W.F.P. Removal From Service (Special Powers) Ordinance 2000--5 , N.-W.F.P. Service Tribunals Act 1974--4 , Ss. 3, 5 & 10---North-West Frontier Province Service Tribunals Act (I of 1974), S.4---Dismissal from service---Appeal to Service Tribunal---Appellant, who was serving as District Officer, was awarded major penalty of dismissal from service with immediate effect without affording him an opportunity of personal hearing on 3 main allegations; that furniture purchased was substandard; that material was not complete according to the list within the given time; and no action was taken against the firm which supplied the substandard furniture--Held, in the presence of Technical Expert, responsibility of appellant about the items in question was considerably decreased---Appellant had taken all punitive measures possible within his means against the defaulting supplier firms---No charge-sheet accompanied by the statement of allegations had been framed nor communicated to appellant, whereas framing of charges was not only a formality, but a mandatory requirement of law---Major penalty of dismissal from service had been imposed on appellant without instituting a regular inquiry within the terms of relevant law---Appellant had been straightaway issued a show-cause notice---Appellant had along spotless service of 24 years and the charges levelled against him had not been proved---Appeal against order of dismissal from service of appellant was accepted, impugned order was set aside---Department was directed to reinstate appellant from date of his dismissal from services with all back-benefits within a period of one month.

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