' JUSTICE (RETD.) ABDUL GHANI SHAIKH (CHAIRMAN).--- The appellant while posted as STE under GISTE Karachi City was booked off from duty on 26-4-2006. A show-cause notice with statement of charges to the appellant was issued to him on 21-10-2006 through which regular departmental inquiry was dispensed with. The appellant submitted reply to the said show-cause notice. After receiving the reply from the appellant impugned order was passed by respondent No,2 on 30-10- 2007 against which departmental appeal was filed which was rejected and thereafter the present appeal was filed before this Tribunal within time.
2. The learned counsel for the appellant at the very out set submitted that in his reply to the show- cause notice appellant has categorically denied the allegations. He further submitted that fact- finding inquiry was conducted before passing of the impugned order but no regular inquiry was conducted. So much so that no documentary evidence was supplied to the appellant on the basis of which impugned action was taken. Accordingly the impugned action is not sustainable in law.
No major penalty can be awarded without holding the inquiry when the appellant had denied the allegations. In support of his contentions he has placed reliance on PLD 2008 SC 456, 2008 SCM R 1369 and also 2009 SCM R 339.
3. The learned counsel appearing for the respondents has no objection if the matter is remanded to the respondents for conducting regular inquiry in accordance with law.
4. In view of above circumstances, by consent matter is remanded to the respondents for holding de novo proceedings against the appellant in accordance with law and decide the matter preferably within four months from the date of receipt of a copy of this Judgment. Appellant is directed to be reinstated in service and to face the inquiry. Back-benefits will depend upon the result of inquiry so conducted.
' Parties are informed accordingly.