| Citation(s) |
|---|
| 2020 SLG 506 2020 SLD 506 2020 PLC 239 |
Sindh High Court
C.P. No. D-5918 of 2017, decision Dated: 15th August, 2018, hearing Date : 9th August, 2018
ADNAN-UL-KARIM MEMON, JUSTICE AGHA FAISAL, JUSTICE
Nadeem Ahmed Pirzada for Petitioner. Shehryar Mehar, Assistant Advocate General.
C.P. No. D-5918 of 2017, decision Dated: 15th August, 2018, hearing Date : 9th August, 2018
ADNAN-UL-KARIM MEMON, JUSTICE AGHA FAISAL, JUSTICE
Nadeem Ahmed Pirzada for Petitioner. Shehryar Mehar, Assistant Advocate General.
DR. AHSANULLAH KHAN WAZIR
VS
GOVERNMENT OF SINDH THROUGH CHIEF SECRETARY AND OTHERS
Law: Constitution of Pakistan, 1973
Section: 4,10A,25
Civil service--- --Contract appointment---Allegation of misconduct---Termination from service---Scope---Contract appointment could be terminated on the expiry of contract period or any extended period at the choice of employer or appointing Authority---Case of petitioner was governed by the principle of master and servant---Contract employee did not have any vested right to seek reinstatement or regularization of service---Petitioner was a temporary employee and was issued notice for explanation which he replied---Explanation submitted by the petitioner was found unsatisfactory by the competent authority---Opportunity of show-cause notice could be afforded to an employee holding permanent post---Constitutional petition was dismissed, in circumstances. THIS JUDGMENT DELIVERED BY: ADNAN-UL-KARIM MEMON, JUSTICE:---.--- Through the instant Petition, the Petitioner has impugned Communication Letter No. E&A (HD) 10-163/2014 dated 10.08.2017 issued by the Respondent-Department whereby his contractual service has been dispensed with. 2. Brief facts of the case are that on 1.1.2016 Petitioner was appointed as Director Public Private Partnership Node Health Department Government of Sindh on contract basis for a period of one year, subsequently his period of contract was extended further for one year with effect from 1.1.2017. Petitioner has submitted that due to certain false allegations he was served with explanation letters issued by the incompetent authority and finally his service was terminated vide impugned order dated 10.08.2017. Petitioner being aggrieved by and dissatisfied with the impugned termination letter has filed the instant petition on 5.9.2017. 3. Upon notice, Respondents filed para-wise comments and denied the allegations. 4. Mr. Nadeem Ahmed Pirzada, learned counsel for the Petitioner has contended that the impugned order dated 10.08.2017 issued by the Respondent No.2 is devoid of any factual veracity or legal sanctity and is contrary to law and on facts; that the impugned order dated 10.08.2017 issued by the Respondent No.2 is a perverse thus not sustainable in law; that the termination order dated 10th August 2017 issued by the…
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