Law:

Section: 10

Law: Constitution of Pakistan, 1973

Section: 199

[Punjab Civil Servants Act (VIII of 1974)].......S 10---Constitution of Pakistan, Art.199---Constitutional petition---Appointment on basis of contract---Termination of service---Petitioner joined Excise and Taxation Department on contract basis for a period of three years---During performance of his duties, the petitioner was served with a show-cause notice regarding certain allegations, which the petitioner refuted in reply---Service's of the petitioner were terminated by competent authority affording a chance of personal hearing on account of alleged misconduct-Validity-In case of a contract employee, if the allegations were refuted, then without resorting to procedure of regular inquiry the employee could not be condemned---Co-accused was facing a regular inquiry, but the petitioner was ousted from service resorting to a shorter procedure of show-cause notice---Discrimination, in circumstances, was evident in case of the petitioner---Impugned order was dismissed and the petitioner was reinstated into service and departmental authority was directed to hold a regular inquiry, in line with the inquiry which was being conducted against his co-accused and decide fate of the petitioner's case in accordance with law. Muhammad Amjad v. WAPDA 1998 PSC 337 ref. ORDER HAFIZ TARIQ NASIM, J.--- Facts leading to this writ petition arc that the petitioner joined Excise and Taxation Department, Government of the Punjab as Key Punch Operator/Data Entry Operator (BS-1 1) on contract basis for a period of three years through order dated 5-6-2007. During the performance of his duties, the petitioner was served with a show-cause notice on 30-8-2008, he refuted the allegations in his reply and dissatisfied with the same he was afforded a chance of personal hearing by the competent authority and finally on account of misconduct, he is terminated from service through order dated 12-9-2008. 2. Learned counsel for the petitioner submits that whenever an employee despite his status of contract or temporary is terminated with stigma, he is entitled for a regular inquiry as per law laid down by the honourable Supreme Court in the case of Muhammad Amjad v. WAPDA 1998 PSC 337, but in the…

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