| Citation(s) |
|---|
| 2015 SLG 2781 2015 SLD 2781 2015 PLJ 285 |
Lahore High Court
W.P. No. 29526 of 2014, decided on 7.11.2014.
FAISAL ZAMAN KHAN, J.
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W.P. No. 29526 of 2014, decided on 7.11.2014.
FAISAL ZAMAN KHAN, J.
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SAEED BABOO
VS
GOVERNMENT OF THE PUNJAB through Chief Secretary Civil Secretariat, Lahore and 3 others--Respondents
Law:
Section:
General Clause Act, 1897 (X of 1897)-- ----S. 24-A--Constitution of Pakistan, 1973, Art. 199--Constitutional Petition--Appointment on contract basis through recommendations made by PPSC--Contract was terminated--Appeal was also dismissed by Chief Secretary--Neither show-cause notice was issued nor an opportunity of hearing was given--Non-speaking order--Validity--Termination order was not qualified precondition as given in Section 24 of Act--No opportunity of hearing was provided by virtue of which, he could justify his position--Order was not fulfilled conditions as appellate authority had neither applied its independent mind nor had given his reason while deciding appeal of petition--No opportunity of hearing was provided--Order passed by appellate authority not sustainable. [Pp. 287 & 288] A, B & C Order Petitioner was appointed on contract basis through recommendations made by the Punjab Public Service Commission as Inspector in BS-16 in Directorate, General of Anti-Corruption Establishment Punjab, whereafter, he was issued a show-cause notice and thereupon his contract was terminated on 05.09.2013. 2. Feeling aggrieved, he filed an appeal before the Chief Secretary, Government of the Punjab which was dismissed vide order dated 14.03.2014, therefore, this petition. 3. Learned counsel for the petitioner submits that neither a show-cause notice was issued to the petitioner nor an opportunity of hearing was given to him by virtue of which he could have justified his position and in an arbitrary manner, the contract has been terminated. He submits that the order passed by the Appellate Authority is a non-speaking order and therefore, requires interference by this Court. 4. Conversely, learned Law Officer on Court's Call submits that in accordance with contract of service, the services of the petitioner has been terminated that too after inquiry, therefore, the order passed by the competent authority is with jurisdiction and in accordance with law as laid down in judgment reported as Muhammad Iqbal v District Police Officer, Sahiwal and another 2011 SCMR 534 & Brig. (R) Sajid Imtiaz Hussain v Secretary Ministry of Commerce and another 2013 PLC (CS)…
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