SARDAR AHMED SHAIKH versus CHAIRMAN/FEDERAL SECRETARY MINISTRY OF COMMUNICATION AND RAILWAYS, ISLAMBAD
Section 3, 5 and 10 of the Service Tribunals Act (LXX of 1973), Section 4 mandatory retirement penalty imposed a substantial fine on service retirement, without conducting departmental investigation against them and giving it a proper personal hearing. Was imposed on The allegations leveled against the applicant were not given so that they could know the reasons for the recurrence of the charges in the notice for the same reason as they had in the past apologized, in the past, No clear and definite reason was recorded in the case. The operations described in section 5 (4) of the removal of the Service (Special Powers) Ordinance, 2000, in the circumstances completely violated the relevant provisions of law. The order imposed was not exhaustive and the disciplinary proceedings under the Speaking Order Authority had resulted in legal and procedural errors. Violating the consistent view of proceedings, the appellant should be in accordance with the law, and should be free from legal irregularities so that the end of justice can be met. The mandatory retirement order passed against the appellant by the authority was set aside and it was ordered that his service be restored from its date. Mandatory retirement with the direction of the authority to initiate fresh disciplinary proceedings against him within the specified period.
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