Case Details

Citation(s)
2011 SLG 1797 2011 SLD 1797 2011 PLC 1120
Lahore High Court
Writ Petition No.10135 of 2008, decision dated: 4-09-2008.
HAFIZ TARIQ NASIM, J

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TARIQ MEHMOOD

VS

GOVERNMENT OF PUNJAB through Secretary, Education, Lahore TARIQ MEHMOOD vs GOVERNMENT OF PUNJAB through Secretary, Education, Lahore

Law:

Section:

Constitution of Pakistan-------Art. 199---Constitutional petition---Civil service---Termination from service on the basis of certain allegations without issuing charge-sheet or show-cause notice or conducting inquiry against employee---Validity---Petitioner having not been afforded proper chance to defend himself against allegations levelled, High Court set aside impugned order and reinstated petitioner in service while allowing departmental authority to hold regular inquiry against him into allegations levelled in the impugned order. Muhammad Amjad v. WAPDA 1998 PSC 337 rel. Mian Shahabaz Ali Anjum for Petitioner. Naeem Masood, Asstt. A.-G. with Munir Ahmad Shah, Litigation Officer, Office of EDO (Education) Nankana Sahib for Respondent. ORDER HAFIZ TARIQ NASIM, J.--- Facts leading to this writ petition are that the petitioner was appointed on contract basis which was extended up to 30-12-1997, however, Government of Punjab issued a notification dated 24-9-2007, whereby a scheme was approved giving new contract to the SSMTs after the expiry of their contract on 31-12-2007 on the following terms:- (i) SSMTs having the qualification of M.Sc. in Physics, Chemistry, Bloor Maths will be adjusted as SEE (SC) while the other Master Degree-holders will be adjusted as SSE (Arts). (ii) SSMTs having the qualification of B.Sc. will be adjusted as SESE (Sc) while the BA Degree-holders will be adjusted as SESE (Arts). The posts shall stand down graded in BS-14. (iii) The contract of SSMTs not falling in category (i) and (ii) above will be extended for the period of three years as SSMT during which they will have to acquire the requisite qualification for category (i) or (ii) above. 2. Learned counsel for the petitioner submits that after the notification issued by the Government of Punjab dated 24-9-2007 the petitioner continued with his service till 5-4-2008. However, during this tenure, the petitioner was involved in a false case and was suspended through order dated 26-11-2007. Finally the petitioner was declared innocent and the suspension order was withdrawn through order dated 12-1-2008, but unfortunately on 5-4-2008 he was relieved from service without any reason and…
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