1. MUHAMMAD HALEEM, C.J.-- Leave to appeal was granted to examine questions amongst others as to whether the failure to give afinal show-cause notice against the proposed penalty was violative of the principles of natural justice.
2. The appellant herein at the relevant the was a Reader in the Court of a Magistrate at Peshawar, and departmental proceedings were taken against him for having colluded with the accused in a complaint case under sections 363, 366 and 376, P.P.C. And his counsel for procuring a bail order and having been found guilty of misconduct, was compulsorily retired from service. The appeal to the Service Tribunal did not succeed, but leave was granted by this Court to examine this question amongst others.
3. The Assistant Advocate-General appeared today on behalf of the respondent and conceded on the basis of the law laid down in Syed Mir Muhammad v. N.W.F.P. Government through Chief Secretary PLD 1981 SC 176 and Qazi Faizul Haq v. N.-W.F.P. Through the Chief Secretary 1984 SCMR 451, that in view of the failure to give a second show-cause notice there has been a violation of the principles; of natural justice and as such the case should be remanded to the Authorised Officer from the stage at which this second show-cause notice should have been given to the appellant.
4. The learned counsel for the appellant also agreed to this submission for remand.
5. Accordingly, while allowing the appeal we would remand the case to the Authorised Officer for complying with this formality from the stage indicated herein above and to decide it afresh. There will be no order as to costs.