RIAZ ALI KHAN vs DIRECTOR GENERAL, PESHAWAR DEVELOPMENT AUTHORITY, HAYATABAD, PESHAWAR R — 2021 PLC(CS) 366 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 PLC(CS) 366 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: PLC
Parties: RIAZ ALI KHAN vs DIRECTOR GENERAL, PESHAWAR DEVELOPMENT AUTHORITY, HAYATABAD, PESHAWAR R
Subject matter: Service

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

RIAZ ALI KHAN VS DIRECTOR GENERAL, PESHAWAR DEVELOPMENT AUTHORITY, HAYATABAD, PESHAWAR R. 23---Employees of Provincial Urban Development Board---Allegation of misconduct---Dispensing with regular inquiry---Effect---Authority while dispensing with regular inquiry issued show cause notice to the employees and they were dismissed from service---Contention of employees was that authorities had not provided copies of record for submitting reply of show-cause notice---Validity---Employees applied for copies of the record to submit reply of show-cause notice but same had not been provided to them---Entire procedure provided in R.23 of Provincial Urban Development Board Service Rules, 1978, was mandatory---Inquiry could not be dispensed with for disciplinary action against the employees of Provincial Urban Development Board---Employees had Fundamental Right to be acquainted with the record and evidence establishing alleged misconduct---Entire departmental action was void ab initio having no legal sanctity in the eye of law---Impugned order passed by the authorities was set aside and employees were reinstated into service with back benefits---Authority would be at liberty to proceed against the employees under Provincial Urban Development Board Service Rules, 1978---Constitutional petition was allowed, in circumstances.

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