Law:

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Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009--- ----Arts. 71 & 81---Writ petition---Civil service---Contractual service---Termination---Petitioner, initially was appointed as Excise and Taxation Officer in BS-17 on contract basis for one year---Period of one year was extended and service of the petitioner was supposed to continue till the recruitment of regular incumbent, however, services of the petitioner, were terminated without issuing him show-cause notice, and without giving him opportunity of hearing---Serious allegations of corruption and misappropriation of government funds, were levelled against the petitioner---No Inquiry Committee, was appointed to probe the said allegations---Reliance was placed by the authorities, on the report submitted by the Chief Minister's Inspection Team, on the basis of which the termination of the petitioner, was ordered---Said report, could not be a substitute for departmental inquiry---Petitioner after his appointment, being entitled to continue his service till any recruitment made by Public Service Commission; a valuable legal right was created in favour of petitioner---Authorities, though were empowered to cancel/rescind the notification, rules, laws and orders, but they could not exercise the power under the principle of 'locus poenitentiae'---Authorities, did not follow the service rules, and failed to provide a fair opportunity to petitioner of being heard and defend the allegations levelled against him---Condemning the petitioner unheard just on the basis of a fact finding report, tantamounted to miscarriage of justice---Impugned order, was set aside with direction that the petitioner be reinstated in his position with back benefits. PLD 1956 SC 431 and 1999 CLC 548 ref. JUDGMENT WAZIR SHAKEEL AHMED, J.--- Petitioner Mir Intikhab-ul-Haq through this writ petition under Article 71(A) of Gilgit-Baltistan (Empowerment and Self Governance Order, 2009), seeks reversal of a notification dated 24-4-2014 whereby his contractual service as Excise and Taxation Officer (ETO) in the Excise and Taxation Department Gilgit-Baltistan was terminated by the answering respondents. 2. Brief facts which…

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