1. AWARD This is an application under section 25-A of the Industrial Relations Ordinance filed on 30th October 1972. The applicant complains that on 28th July 1972, he was given a charge-* sheet by the respondent of so-called misconduct based on the report dated 22nd July 1972, of the Head Store Keeper, Mr. Muhammad Iqbal Tahir. He replied this charge-sheet denying the allegations/charges of the alleged misconduct with counter allegations. Thereafter nothing was heard as regards the enquiry until 23rd September 1972, when the dismissal order was passed and served on him on 28th September 1972, alongwith the report of the Enquiry Officer. The applicant then moved a grievance petition but the same was dismissed dy the respondent without the personal hearing under letter dated 13th October 1972. This procedure is alleged to be illegal and in violation of the fundamental principles of natural justice. He has therefore filed this petition as aforesaid praying for re-instatement in service with all back benefits. The respondent had alleged that on the reply of the applicant to the charge-sheet, a proper enquiry was held by the Administrative Officer Mr. Muhammad Ibrahim. The Head Store Keeper's evidence was recorded in presence of the applicant and he had even cross-examined him. Thereafter other witness was under examination and the Enquiry Officer wanted to know the specific language used by the applicant. On this the applicant misbehaved and went away. The rest of the enquiry was therefore held and completed in his absence. Then on the report of the Enquiry Officer he was legally dismissed from service and that order had been served on him alongwith the enquiry report. The applicant has filed his own affidavit in support of his case. He has been cross-examined. He denies if he was called by the Enquiry Officer and had attended the enquiry initially. The respondents witnesses are M/s. Iqbal Tahir, Rasool Bux, Jamal and Rehmatullah. They admit that they were not called for the enquiry in writing. This reflects to show that no notice of an enquiry was issued to the applicant either. If it was so and he had attended it initially, then his signatures on the notice could have been proved.
2. However it is surprising to find that no enquiry papers are produced to prove the statements and proceedings as alleged The complaint of the applicant that he was dismissed without a proper enquiry, or show-cause notice or a personal hearing therefore stands un-rebutted. This makes it doubtful if any independent enquiry as required under Standing Order 15(4) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 had been held. The learned Representative appearing on behalf of the applicant has relied upon the two decisions reported in 1972 PLC 327 and 353. These are on all fours in this matter. The contention of the respondents that an independent legal enquiry was held therefore cannot be sustained. I accordingly find that the order regarding dismissal of the applicant was bad in law. Hence it is set aside and the applicant is ordered to be re-instated in service from the date of his dismissal with all back benefits of salary etc.