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SECRETARY TO GOVERNMENT OF N.-W.F.P. versus SAIFUR REHMAN


Article 212 (3) of the Constitution of Pakistan 1973 Personnel dismissed for employment The person experiencing the inquiry proceedings has the right to be associated with the proceedings, and he must be credited with the evidence presented by the cross-examination against him. Where no public employee was involved in the investigative proceedings. Neither he had the opportunity to examine the witnesses presented against him, nor did the inquiry proceedings and subsequent orders of the inquiry face inherent legal defects. In view of the situation, the disqualification and complete ignorance of the person holding the position of inquiry officer led to unnecessary litigation between the parties. Directed that the departments should ensure that the person appointed to the post of inquiry officer is fully exchanged with the relevant rules so that the dismissal of the appeal against the order of the service tribunal to restore the public servant. The request may be declared invalid.

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