The brief facts are that the appellant is serving as a Constable in the Police Department. He was served with a show-cause notice dated 31.1.2003 under the provisions of Punjab Removal From Service (Special Powers) Ordinance, 2000, stating therein that there were three bad entries to his credit and that as per instructions of Inspector General of Police Punjab, Lahore, as contained in his letter dated 14.2.2002, the Constables on promotion lists A & B having chequered service record were to be removed from such lists, and in this way the appellant was not eligible to remain on list 'BM. In the show-cause notice, Respondent No, 1 further stated that in view of the aforesaid fact, the appellant was guilty of misconduct and was liable to be disciplinary action and as under the circumstances, not inquiry was necessary against him, he called upon the appellant to show- cause as to why one or more minor major penalties including dismissal from service, as provided under Punjab Removal from Service (Special Powers) Ordinance, 2000 be not imposed on him.
2. The appellant filed a reply to the show-cause notice. However, Respondent No, 1, acting under the provisions of Punjab Removal From Service (Special Powers) Ordinance, 2000 passed the order dated 28.4.2003 removing the appellant from list `B/1' due to his bad service record. Aggrieved of the said order, the appellant filed a departmental appeal, which was rejected by the Deputy Inspector General of Police, Faisalabad Range vide his order dated 3.6.2005. Hence the instant appeal before this Tribunal.
3. I have carefully considered the arguments advanced from both sides. The learned District Attorney agreed in the course of arguments that the punishment imposed on the appellant in the form of removal of his name from the list `B/1' is not provided under Punjab Removal From Service (Special Powers) Ordinance, 2000. In fact, it is not one of the punishments provided by the said Ordinance. Since the show-cause notice was issued to the appellant under the provisions of Punjab Removal From Service (Special Powers) Ordinance, 2000 and also the other proceedings against the appellant were conducted under the provisions of the aforesaid Ordinance, the penalty in question i,e, removing the name of the appellant from the promotion list `B/1' not being one of the punishments provided under the said Ordinance could not be awarded to him.
In view of what has been stated above, the appeal is accepted and both the impugned orders dated 6.5.2003 and 3.6.2005 passed by Respondents Nos, 1 & 2 respectively are set aside.