2022 PLC(CS) 985 PESHAWAR-HIGH-COURT

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SHAHERYAR GUL VS The GOVERNMENT OF KHYBER PAKHTUNKHWA through Principal Secretary to Governor Khyber Pakhtunkhwa, Peshawar Termination of service---Departmental inquiry---Maxim "nemo debet esse judex in propriasua causa"---Applicability---Reinstatement with all back benefits---Petitioner was appointed as Computer Operator (BPS-12)---Department amended service rules and filled the post of Assistant Programmer (BPS-16) by promotion from Data Processing Supervisors (BPS-14)---Subsequently, posts of Computer Operator and Data Processing Supervisors had been upgraded from (BPS-12) and (BPS-14) respectively to (BPS-16)---Petitioner moved application for issuance of joint seniority list of Computer Operators and Assistant Programmers---New post of Assistant Director (IT) (BPS-17) was created by the Department and only cadre of Assistant Programmer was allowed for promotion to the said post---Petitioner filed departmental appeal followed by constitutional petition, and during pendency of said petition, department issued show-cause notice to the petitioner which was replied by petitioner, yet he was removed form service---Validity----Petitioner vide his reply (to show-cause notice of the department) denied all the allegations, but respondent/department imposed major penalty of removal from service upon the petitioner without holding regular inquiry---Reasons for not holding inquiry as given by the department was against the intent of law and principles of natural justice---Order of removal was not only biased but also predetermined and was contrary to the basic principles of jurisprudence---"Nobody could be the judge of his own cause"---Respondent/department issued show cause notice to petitioner alleging therein that he maligned the Office of Ombudsman particularly the department---On reply filed by the petitioner, department without holding inquiry imposed upon him major penalty of removal form service---Constitutional petition was allowed, in circumstances and petitioner was reinstated into service with all back-benefits. Head Notes

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