| Citation(s) |
|---|
| 2022 SLG 779 2022 SLD 779 2022 SCMR 636 |
Supreme Court of Pakistan
Civil Petition No. 2892 of 2020, decision dated: 13-12-2021, date of hearing: 13-12-2021 (Against the judgment dated 02.09.2020 Federal Service Tribunal, Islamabad in Appeal No. 327(R)CS/2019)
MAZHAR ALAM KHAN MIANKHEL, JUSTICE, MUHAMMAD ALI MAZHAR, JUSTICE
Sohail Mehmood, Additional Attorney General for Petitioners. Nemo for
Respondents.
Civil Petition No. 2892 of 2020, decision dated: 13-12-2021, date of hearing: 13-12-2021 (Against the judgment dated 02.09.2020 Federal Service Tribunal, Islamabad in Appeal No. 327(R)CS/2019)
MAZHAR ALAM KHAN MIANKHEL, JUSTICE, MUHAMMAD ALI MAZHAR, JUSTICE
Sohail Mehmood, Additional Attorney General for Petitioners. Nemo for
Respondents.
THE CHAIRMAN AGRICULTURE POLICY INSTITUTE, MINISTRY OF NATIONAL FOOD SECURITY ANDRESEARCH, GOVERNMENT OF PAKISTAN, ISLAMABAD AND ANOTHER
VS
ZULQARNAIN ALI AND ANOTHERS
Law:
Section:
(a) Civil service--- ---Termination of service---Verbal order of termination---Legality---Termination of service by a verbal order was alien to the labour and service laws of the country and also against the principles of good governance and natural justice. There was no provision under the Labour Laws or the Service Laws permitting the employer to terminate the services verbally without a written order containing the explicit reasons or cause of termination even in the case of termination simpliciter and for disciplinary proceedings on account of misconduct, obviously separate procedure was laid down which accentuated the issuance of show cause notice, holding inquiry unless dispensed with by the competent authority considering all attending circumstances of the case and after personal hearing, appropriate action may be taken in accordance with the law. The termination of service by a verbal order was alien to the labour and service laws of the country and also against the principle of good governance which was a process of gauging whether the Government, its departments/institutions and authorities were conducting their affairs lawfully and performing their duties honestly, conscientiously and transparently including their process of decision making in accordance with rules and regulations. Verbal termination order was otherwise against the principles of natural justice. (b) Civil service--- ---Natural justice, principles of---Scope---Before taking any adverse action, the affected party must be given a fair opportunity to respond and defend the action---Principles of natural justice did not lay down any differentiation or inequality between a quasi-judicial function and or an administrative function/action for applying evenly and uniformly to secure justice and prevent miscarriage of justice---Before taking any punitive or adverse action, putting to end the services of any employee/workman or civil servant, the precept of fairness and reasonableness commanded that an evenhanded opportunity to put forth the defence should be afforded. (c) Civil service--- ---Appointment and termination of service orders---Written orders---Due to negligent and unprofessional…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492