Case Details

Citation(s)
2019 SLG 1815 2019 SLD 1815 2019 PLC 952
Lahore High Court
Writ Petition No. 5090 of 2018, decision Dated: 06-03-2019.
JAWAD HASSAN, JUSTICE
Petitioner(s) by: Muhammad Hafeez Khan Mastoi
Respondent(s) by: Ch. Shahid Mahmood, Assistant Advocate-General

SYED ALI NAQI

VS

GOVERNMENT OF THE PUNJAB AND OTHERS

Law: Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974

Section: R.17A

Law: Constitution of Pakistan, 1973

Section: 10A,199

Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974--- ----R. 17-A---Constitution of Pakistan, Art. 10-A---Contract employee of a hospital---Allegation of making videos during operation of female patients in operation theater---Termination from service---Scope---Contention of employee was that major penalty of termination from service could not be awarded without conducting regular inquiry---Validity---Petitioner-employee was appointed on contract basis for three years---Show-cause notice was issued to the employee to which he filed reply and confessed his guilt---Employee was afforded personal hearing and he could not justify his innocence---Regular inquiry in the present matter was not necessary---Serious allegations had been leveled against the employee to which he had confessed---Impugned order had rightly been passed, in circumstances---Constitutional petition was dismissed accordingly. Osman Ghani v. Federal Service Tribunal and others 1986 SCMR 1875; The Secretary, Government of the Punjab and others v. Riaz ul Haq 1997 SCMR 1552; Allem Jaffar v. WAPDA through its Chairman and others 1998 SCMR 1445; Syed Yaqoob Shah v. Xen PESCO and others PLD 2002 SC 667 and Federation of Pakistan and others v. Tahir Latif 2007 SCMR 152 distinguished. THIS JUDGMENT DELIVERED BY: JAWAD HASSAN, J.--- Through this petition, filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (the "Constitution"), the Petitioner has challenged the validity of the orders dated 30.10.2017 passed by the Respondent No.2 whereby his services have been terminated on the allegation of involvement in making and leaking videos during operation of females patient in Operation Theater of THQ Hospital Ahmedupur East and dated 08.02.2018 (announced on 25.01.2018) passed by the Respondent No.1 whereby his Appeal against the said order was dismissed. 2. Learned counsel for the Petitioner inter alia submitted that the impugned orders are against the law and facts; that the Respondent No.2 was not the competent authority to pass the impugned order; that the Petitioner never involved in any such like activity of making videos of female patients as his…
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