Law:

Section:

(a) Constitution of Pakistan-------Arts. 199. 3, 9 & 11---Constitutional petition---Civil service---Stopping ofsalary---Petitioner who was duly appointed by issuing appointment order after codal formalities, submitted his duty report to the concerned Authority---Service Book was accordingly prepared which was duly signed by the competent Authority---Petitioner had been signing the attendance register---Salary was paid to the petitioner till October, 2009, but then payment of salary was abruptly stopped, despite the petitioner was continuing working---If there were irregularities in the appointment of the petitioner, Departmental Authorities could take action under the relevant Efficiency and Disciplinary Rules and after due process, bring employment of the petitioner to an end, but it was not available to the authorities on the one hand to say that appointment of the petitioner was wrong and on the other take no action and continue to take work from the petitioner---Such conduct of authorities, taking work from the petitioner and not paying him, would amount to exploitation, which was forbidden by Art.3, denial of right of life, which was forbidden by , Art.9 and slavery and forced labour which was forbidden by Art.11 of the Constitution---As long as the petitioner was working, he was entitled to be paid his salary---If appointment of the petitioner was illegal, that was basically responsibility of the competent Authority and to take appropriate action---High Court directed that current salary of the petitioner be paid on regular basis by deducting 50% of it from tiz. salary of concerned officers---Order accordingly. (b) Civil service--- ----Public servant---Duty and obligation of---Authority given to public servant was a sacred trust and public servant was required to perform his duties honestly and diligently---lf any wrong was being committed by subordinate, it was duty of public servant to ensure that not only the act of wrong was brought to an end, but also the delinquent officer to take to task in accordance with the rules and it was responsibility of public servant that none of his subordinates was being unfairly treated or denied any of his service…

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