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Service Appeals Nos.105, 183, 184, 186, 107 to 122, 124 to 128, 132 to 135 of 2004, decided on 30th October, 2009.

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----Ss. 3, 5, 7, 9 & 10---Balochistan Service Tribunal Act (V of 1974), S.4---Termination of service---Appeal to Service Tribunal---Services of the appellants having been terminated, without any notice or giving them opportunity of hearing on certain allegations of misconduct, fraud and cheating, appellants had filed appeals against order of termination before Service Tribunal---In cases involving allegations of serious nature, inquiry was required to be conducted by the Inquiry Officer or Inquiry Committee, appointed by the competent Authority and on receiving finding of the inquiry, the competent Authority before passing an order under S.3(2)(a)(b) of Balochistan Province Removal from Service (Special Powers) Ordinance, 2000, would inform the accused in writing of the action proposed to be taken against them---In the present case one sided inquiry had been conducted by the Inquiry Officer without issuing the appellants notices and providing them an opportunity of hearing which resulted mis-carriage of justice---Cases were remanded to the competent Authority for disposing the representations of the appellants within three months inclusive of all fact findings. Mrs. Syeda Tehmina for Appellants. M. Salahuddin Mengal A.-G. for Respondents. Date of hearing: 27th October, 2009.

This judgment shall dispose of S.As. Nos.105 to 128 of 2004 132 to 135 of 2005 and 183, 184 of 2005 as in all these matters common question of law and fact is involved. 2. These appeals have been preferred by the appellants against the impugned order dated 17-3-2003 passed by the respondents whereby the services of the appellants have been terminated who at the relevant time were performing their duties as Teachers in different schools. As per appellants their services were terminated through impugned order without any notice or giving them opportunity of hearing. It is stated they being dissatisfied preferred departmental appeals but the same were not disposed of and lastly finding no other way out, the appellants approached this tribunal. 2-A. The respondents contested the appeals by filing written statements challenging the maintainability of appeals on the ground of limitation. It is stated that no departmental appeals were preferred as required under section 9 of Balochistan Province Removal from Service (Special Powers) Ordinance, 2000. On merits it is stated that an inquiry was conducted by the committee comprising Haji Abdul Manan Deputy Director of Education (Schools) Balochistan Quetta and Haji Abdul Ghaffar Khudazai, ADEO Loralai. Who after inquiry found the appointment order, service books of the appellant fake one. 3. We have heard learned counsel for the appellants, Advocate-General for the respondents and have gone through the record minutely. 4. Admittedly the above mentioned appeals are time barred but before dilating upon the question of limitation, it would be appropriate to reproduce the contents of impugned order dated 17-3-2003:---

"Consequent upon the complaints received in the Directorate of Education (S) Balochistan, Quetta that some persons have got bogus/fake appointment orders, the Director of Education (Schools) Balochistan, Quetta vide order No.19881-19950/EB dated the 23rd November, 2002 has appointed an Inquiry Committee to conduct informal inquiry for scrutinizing such Appointment Orders, Service Books and other relevant documents throughout the Province. According to the report of the inquiry committee, the documents of the following officials were found fake/bogus therefore, the Secretary Government of Balochisan, Education Department Quetta being competent authority ordered to terminate the services of the following with immediate effect under Balochistan Province Removal from Service (Special Powers) Ordinance, 2000. He further ordered Director of Education (Schools) Balochistan/Executive District Officer Education and Drawing and Disbursing Officers concerned to lodge F.I.R. against these bogus employees for making fraud with the Government and given loss to the Government exchequer." 5. It appears from bare reading of the contents of impugned order that on certain allegations amounting to misconduct, fraud, cheating the appellants have been dismissed from service while imposing major penalty. It clearly amounted to a stigma on appellants character and in all fairness they ought to have been given an opportunity of explaining their positions before passing impugned order. The principle of Natural Justice.

"audi alteram partem" (No one should be condemned un-heard) is deemed to be a part of every statute unless its application is specifically excluded. 6. The impugned order shows and suggests to believe that about 119 teachers have been removed from service on the ground of finding their appointment orders, service books fake and bogus. Before passing the impugned order no opportunity was provided to the appellants in order to defend themselves. The impugned order is the out come of unilateral proceeding informal inquiry and the same is violative of the principle of Natural Justice and is liable to be declared without lawful authority and of no legal effect. 7. We are conscious of the fact that the appellants have been removed from service by the authority under the provisions of Balochistan Province Removal from Service (Special Powers) Ordinance, 2000 and the competent authority under section 5, subsection (4) may dispense with the inquiry under subsection (1) subject to recording of reasons in writing for not doing so. 8. It is evident from record that certain allegations of serious nature amounting misconduct, fraud, cheating and misrepresentation have been levelled against the appellants, as such, in such peculiar circumstances of the cases the authorities were required to comply with the legal requirements before taking action against the appellants. 9. It is settled principle of law that in cases involving allegation of serious nature, inquiry is required to be conducted by the Inquiry Officer or Inquiry Committee, appointed by the competent authority and on receiving finding of the inquiry the competent authority before passing an order under section 3 subsection (2)(a) and (b) shall inform the accused in writing of the action proposed to be taken in regard to them and the grounds of action while giving them reasonable time of showing cause against the action. A detailed procedure has been given under section 5 of the Ordinance, 2000 whereby the Inquiry Officer or Inquiry Committee is required to communicate to the accused the charges along with statement of allegations, requiring the accused to submit written defence within 7 days, examine the oral or documentary evidence produced for and against the charge while giving opportunity of cross-examination to the civil servants. It is evident from record that in the instant cases one sided inquiry has been conducted by the Inquiry Officer without issuing show-cause notices to the appellants and providing them an opportunity of hearing which resulted into miscarriage of justice. 10. During the time of arguments it was brought to our notice that the then incumbent officials of Education Department involved in issuance of fake/bogus appointment orders have been convicted by the competent court of law and their convictions were upheld upto the honourable Supreme Court of Pakistan and the appointment orders and service books were found bogus by the Inquiry Committee as such, the order dated 17-3-2003 will remain intact till final disposal of the departmental representations filed by the appellants. 11. For the foregoing reasons, the cases are remanded to the competent authority i.e. Secretary Education Balochistan for disposing the representations of appellants within three months inclusive of all facts, findings. The appellants are at liberty to file representations, in case they did not file earlier so that they get the opportunity of hearing. 12. File after completion be consigned to record. H.B.T./12/BST Case remanded.

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