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Appeal No. 240/235 of 1978, decided on 18th December, 1979.
‑‑ Rr. 8 & 15‑Removal from service‑Without personal hearing Appeal also rejected without personal hearing‑Order of penalty and appellate order, held, defective‑Case remanded for disposal afresh after due hearing.
Ch. Rafiq Ahmad Sabir for Appellant.
Nemo for Respondents.
In this case the impugned order has been passed by the Medical Superintendent, Nishtar Hospital, Multan, on 8th February, 1977 removing him from service on the charges of corruption and misconduct. We had summoned the record. The perusal of the record shows that the appellant was never heard by the competent authority. The appellant submitted that the requirements of rule 8 of the E & D Rules, 1975 are imperative. According to the appellant, he should have been granted personal hearing by Medical Superintendent being the competent authority. He also submits A that even the appellate authority failed to grant him personal hearing. As such the order passed by the Secretary, Health, Government of the Punjab, is equally defective. The Department has failed to controvert the fact. Under the circumstances, the appeal is allowed and the case is remanded to the Medical Superintendent, Nishtar Hospital, Multan, for fresh disposal after giving due hearing to the appellant.
Announced in the presence of the parties.
Appeal allowed.
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