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Appeal No. 238/471 of 1979, decided on 21st February, 1980.
‑‑ R. 8‑Personal hearing‑Opportunity‑Essential‑‑Accused filing reply to show‑cause notice but away abroad‑‑Penalty imposed assuming that accused was not likely to return from abroad-- Accused reporting his arrival on date of order of penalty and contending that his intention to return was intimated from time to time‑Review petition also rejected without opportunity of personal hearing‑Impugned order, in circumstances, held, violative of requirements of r. 8 hence set aside‑Case remanded for decision after opportunity of personal hearing.
M. A. Riaz for Appellant.
A. G. Hamayun, Government Pleader for Respondent.
In this case the appellant was served with a show‑cause notice dated 7th February, 1979 for major penalty. The appellant at the relevant time was in Saudi Arabia. The appellant filed reply to the show‑cause notice which was duly received by the Department. However, it appears that the Department assuming that the appellant being in Saudi Arabia was not likely to return to Pakistan, imposed penalty of compulsory retirement without providing any opportunity of personal bearing as re quired under rule 8 of E &'D Rules 1975. It is also admitted that the appellant reported to the Office of the competent authority the same day the impugned order was passed. The appellant, in fact, contends that he has been informing the Department about his intention to return to Pakistan from time to time. Hence the review petition filed by the appel lant against the impugned order was also rejected without providing him any opportunity of personal hearing. Under the circumstances, the impugned order is in clear violation of the requirements of rule 8 of E & D Rules, 1975. The learned Government Pleader has not been able to produce anything before us to justify the order in question. Thus the appeal is accepted and the order is set aside and the case is remanded to the respondent for fresh disposal after providing due opportunity to the appellant.
Appeal accepted.
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