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GHULAM NABI versus GENERAL MANAGER (OPERATION)


Section 3, 5, 6 and 7 Service Tribunals Act, (LXX of 1973), Section 4 Service Appellant was removed from employment on allegations of misrepresentation and misconduct, without being investigated and given an opportunity to defend himself. Regardless of the serious allegations dismissed by the offending employees, regular inquiry was absolutely necessary in which such an employee would have had the opportunity to meet the charges against him. The agency takes disciplinary action against its employees, imposing major penalties and was obliged to issue a final showcase notice. No inquiry was made against the appellant for giving him the opportunity of a personal hearing, no other show cause notice was issued and he was not personally heard, the impugning order to remove the appellant from employment, being illegal. The appellant was reinstated, due to his being re-employed for a period that was not beneficial elsewhere during the intervention.

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