Law:

Section:

Civil service--- ----Contract employee---Willful absence from duty---Termination from service---Contention of employee was that he had not been afforded an opportunity of hearing---Validity---Service of employee had been dispensed with under Regln. No. 5 of Khyber Pakhtunkhwa Board of Technical Education Regulations, 1994---Absence of employee from duty was willful and it was not possible to provide him a right of hearing or notice---Right of hearing to the employee was not necessary in circumstances---Action of departmental authority might be reversed on the basis of omission in providing hearing when the right of hearing would make a difference and when petitioner had vested right to be presented before the authority---When a right of hearing was a mere formality then omission of right of hearing could not be made the basis for reversal of an order of administrative authority---Departmental appeal of employee had rightly been dismissed by the department---Constitutional petition filed by the employee was hit by the doctrine of laches---Constitutional petition being not maintainable was dismissed, in circumstances. Qazi Munir Ahmed v. Rawalpindi Medical College and Allied Hospital through Principal and others 2019 PLC (C.S.) 928 and The Secretary Government of the Punjab Health Department of Lahore and others v. Riaz-ul-Haq 1997 SCMR 1552 distinguished. Justice Khurshid Anwar Bhinder v. Federation of Pakistan and another PLD 2010 SC 483; Nazir Ahmad Panhwar v. Government of Sindh through Chief Secretary, Sindh and others 2009 PLC (C.S.) 161; Abdul Haque Indhar and others v. Province of Sindh through Secretary and others 2000 SCMR 907; Abdul Waheed and another v. Secretary, Ministry of Culture and Sports and another 2002 SCMR 769; Trustees of the Port of Karachi v. Organization of Karachi Port Trust Workers 2013 SCMR 238 and Dr. Muhammad Tahir-ul-Qadri v. Federation of Pakistan through Secretary and others PLD 2013 SC 413 rel. THIS JUDGMENT DELIVERED BY: WIQAR AHMAD, JUSTICE:---.--- This order is directed to dispose of W.P. No. 572-M of 2017 filed by the petitioner against respondents under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973.…

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