Case Details

Citation(s)
2019 SLG 2265 2019 SLD 2265 2019 PLJ 111
Peshawar High Court
W.P No. 23-M of 2017, decision & hearing Dated: 20.04.2017.
MS. MUSARRAT HILALI, JUSTICE ABDUL SHAKOOR, JUSTICE
Petitioner(s) by: Mr. Rahim Ullah, Advocate
Respondent(s) by: Mr. Faheem Naeem, Advocate No. 1.

AFTAB ALAM

VS

PRINCIPAL, SWAT CADET COLLEGE AND OTHERS

Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional petition--Appointment as nursing assistant--Contractual service--Challenge to--Recreational activities--Recommendations of inquiry committee--Issuance of warning letter--Unconditional apology--Termination of service--Maintainability--Impugned termination order of petitioner was issued in respect of temporary/contractual service--Moreover, relationship inter se between petitioner and that of Cadet College is of master and servant, thus being purely a matter of civil nature can be taken into consideration before competent forum--Learned counsel for Petitioner failed to pin-point any irregularity or illegality being committed by Respondent No. 1 while issuing impugned termination order of petitioner, as educational institutions in general while Cadet Colleges in particular feel honour to maintain professional ethics and discipline in their educational institutions--Petition was dismissed. THIS ORDER PASSED BY: ABDUL SHAKOOR, J.- Through this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, Aftab Alam, the petitioner, has made a prayer that: "It is therefore most humbly prayed that on acceptance of the instant writ petition, the impugned termination order and Orders dated 30.9.2016 passed by Respondent No. 1 may graciously be set aside and the Petitioner may kindly be restored/re-instated on his original position with all back benefits." 2. Brief facts of the present writ petition as deciphered from the record are that Petitioner was appointed as Assistant Nursing in Cadet College Gulibagh District Swat on 02.07.2011, whereafter, his services were regularized by the Board of Governors on 4.7.2013. During this period the Petitioner performed his duties up to the entire satisfaction of his high ups. Consequently, the Respondent No. 1 vide impugned order dated 30.9.2016 terminated the service of the Petitioner without any plausible reasons in hasty manner. Being aggrieved the Petitioner approached this Court through the writ petition in hand inter-alia on the grounds mentioned therein with a specific prayer of his re-instatement. 3. The Respondents were put on…
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