Law:

Section:

(a) Civil service-------Contractual appointment---Clause "without assigning any reason (No reason clause)" in contract---Validity---Such clause in a contract of appointment does not stand the test of due process and fundamental rights under Articles 4, 9, 14 and 25 of the Constitution, rule of law, reason, logic, ethics and good governance---While the modern world is moving towards accountability and transparency, the "no reason clause" reflects unfettered, un-muffled and unchecked discretion---Such a clause has no place in a constitutional democracy, which rests on the supremacy of rule of law---"No reason clause" can be a recipe for corruption, mismanagement, nepotism and jobbery---Foundations of good governance are based on reasons, accessibility, accountability, transparency, participation, consensus, inclusiveness, efficiency, ethics and responsiveness---Such clauses, therefore, ex facie lack the requirement of fairness and procedural due process thereby offending Article 4 of the Constitution---'No reason clause' is also facially discriminatory besides being liable to be used in a discriminating manner thereby violating Article 25 of the Constitution. Dr. Mobashir Hassan v. Federation of Pakistan and others PLD 2010 SC 1 and Government of Balochistan v. Azizullah Memon PLD 1993 SC 341 rel. (b) Contract Act (IX of 1872)--- ----S. 23---General Clauses Act (X of 1897), S.24-A---Law Reforms Ordinance (XII of 1972), S.3---Punjab Contract Appointment Policy, 2004, Clause, XVII (i)---Intra Court Appeal---Public policy---Civil service---Contractual appointment, termination of---Clause "without assigning any reason"---Petitioner was contract employee and her services were terminated by authorities under the clause of the contract whereby service could be terminated without assigning any reason---Validity---Such clause in the contract of appointment of petitioner was opposed to public policy and violated S.23 of Contract Act, 1872 as well as S.24-A of General Clauses Act, 1897---Punjab Contract Appointment Policy, 2004, to the extent of "without assigning any reason" was opposed to public policy, logic and good governance---High Court struck down that portion of…

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