Nature: Removal From Service.

Lawyer Name:Allah Nawaz Khosa AHC

Result: Appeal Allowed with reinstatement into service

Tagline Competent authority as well as appellate authority while passing the order of Punishment or appellate order are bound to scrutinize the evidence on record and order is to be passed referring any incriminating evidence against the accused but in this case no evidence, whatsoever, is available which could be referred by the competent authority. In this regard reliance is placed upon “Chief Secretary, Government of the Punjab versus Muhammad Ali Saqib (2020 SCMR 1245)”. The relevant paragraph is reproduced as under:-

“The orders of the competent authority as well as departmental appeal are on the basis that they agreed with the recommendation of of th the inquiry officer. They have not scrutinized the evidence available on the file themselves, but relying upon the recommendation of the inquiry officer and ignoring that no specific allegation through evidence was proved against the respondent, despite that major penalty of dismissal from service was awarded”