Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)---   ----Art. 199---Constitutional petition---Post of Manager Finance (Corporate Planning Control) (BPS-18) in WAPDA---Termination of service---Charge of breach of trust and dishonesty---Show-cause notice issued to petitioner that he, at the time of his selection for such post, made wrong statement before Selection Board that he was serving in a specified Bank---Validity---Authority had failed to produce any document to show that petitioner either mentioned in his C.V. or filed any certificate showing his service with such Bank---Petitioner had mentioned in his C.V. that there was an offer from such Bank, but he had not accepted the same---Selection Board had misunderstood that petition was working with such Bank---Petitioner was most highly qualified among all candidates---Authority had failed to show any evidence regarding breach of trust or dishonesty by petitioner---Authority had placed a stigma upon career of petitioner by terminating his service on such charge---Highly qualified young men like petitioner should generally be exhorted and entitled to serve country---Authority had already appointed a new suitable candidate on such post after advertising same---Period of petitioners service contract had already expired on 8-5-2008--Petitioners prayer for setting aside of termination order and his reinstatement in service could not be granted---Termination of petitioner was based on mala fides, thus, words of breach of trust and dishonesty as used in show-cause notice were set aside---High Court directed Authority to pay all salaries and benefits to petitioner upto 7-5-2008. JUDGMENT SYED MAHMOOD ALAM RIZVI, J.--- The petitioner has impugned his termination order dated 9-12-2006 through this petition and has prayed as under:-- (a) To declare that order bearing No. CEO/HESCO/M (HRM)/A2/C/8629-35 dated 9-12-2006, is illegal, unlawful, void ab initio, without lawful authority. (b) To direct the defendant No.1 to issue/solicit the orders of reinstatement of the petitioner to the post of Manager Finance C.P.C., HESCO, WAPDA, Hyderabad from 9-12-2006. (c) Any other relief which this Honourable Court may deem fit and proper. 2.…

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