1. MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN).--Appellant has preferred the present appeal against the impugned order dated 26-5-1986 passed by respondent No, 1 vide which he was dismissed from service with effect from that date.
2. According to him he was appointed as a Cook on 1-12-1986 in the hostel attached with Government High School No, 2, D.I. Khan City. He used to perform additional duties of looking after the garden and on 9-3-1988 he was busy in watering the plants when the Hostel Superintendent Mr. Muhammad Iqbal removed the curry cooked by him for the students and on his return he was abused by the Hostel Superintendent for negligence. He was on the contrary suspended by respondent No, 1 on the following day orally but later on served him with order dated 16-3-1988 and appointed Mr. Muhammad Hanif Khan, S.V. Teacher as an Enquiry Officer to probe into the matter who served him with charge-sheet on 19-3-1988. The procedure for conducting the enquiry was not followed by the respondents and the impuged order resulted in his dismissal from service. The same being illegal, void, ultra vires of the rules and law may be set aside by reinstating him in service.
3. Respondents controverted the allegations levelled against them and after going through the record, we propose to dispose of the appeal as under:- In the instant case the Enquiry Officer was representing respondents 1 to 3 and it was admitted by him that at the time of recording the statements of the witnesses the appellant was not present, however, the said statements were read out to the appellant later on. The statements were perused and it was found that the same were not recorded on oath, which is a prerequisite of any judicial and a quasi-judicial proceeding. Over and above this respondent No, I being the Appointing Authority was under the law bound to appoint some Authorised Officer and it was the function of the Authorised Officer to entrust the enquiry to some other person. The procedure embodied in the (Efficiency and Discipline) Rules, 1973 was not followed by the respondents with the result that we accept the present appeal, set aside the impugned order and reinstate the appellant with full back benefits from the date he was dismissed from service. Parties are, however, left to bear their own costs and file be consigned to the record room.