| Citation(s) |
|---|
| 2011 SLG 1785 2011 SLD 1785 2011 PLC 1034 |
Peshawar High Court
Writ Petition No.386 of 2010, decision dated: 30-11-2010.
ATTAULLAH KHAN AND SHER MUHAMMAD KHAN, JJ
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Writ Petition No.386 of 2010, decision dated: 30-11-2010.
ATTAULLAH KHAN AND SHER MUHAMMAD KHAN, JJ
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SHAHID FAROOQ
VS
WATER AND POWER DEVELOPMENT AUTHORITY through Chairman and 3 others SHAHID FAROOQ vs WATER AND POWER DEVELOPMENT AUTHORITY through Chairman and 3 others
Law:
Section:
(a) Civil Service-------Removal from service---Even if a person, who was temporary employee or employed on contract basis, was to be condemned for misconduct, in that event he was entitled to a fair opportunity to clear his position; which would mean that there should be regular inquiry in terms of Efficiency and Discipline Rules before condemning him of the alleged misconduct. Muhammad Amjid v. The Chief Engineer, WAPDA and others 1998 PSC 337 and The Secretary, Government of the Punjab v. Riazul Haq 997 SCMR 1552 ref. (b) Constitution of Pakistan--- ----Art. 199---Civil service---Termination of service---Employee who was employed as Line Superintendent Grade-1 on contract basis, was elevated to the post of Junior Engineer on the basis of meritorious service rendered by him to the department---Subsequently a criminal case was registered against him and due to that he was relieved from his service and his appeal for extension of contract agreement was also disallowed---Only ground provailed upon the authorities not to extend his contract period was his involvement in a criminal case registered against him, but the employee was acquitted in that case---Authorities without awaiting the result of the trial passed the impugned order against him---Charge of "moral corruption" should have been properly investigated, inquired and proved after providing him opportunity of hearing---Person could be found guilty after proper inquiry, on the basis of solid evidence and providing opportunity of hearing to the subject---Without following the proper procedure, the allegations, how strong it could be, could not be considered sufficient for finding a person guilty of the charge---Employee was deprived of fair chance to clarify his position---Stigma attached to the career of the employee/petitioner with registration of criminal case had been removed by the competent court with the order of his acquittal, but same still stuck to the future of employee with the impugned order---Similarly appointed employees on contract basis were regularized, but the employee/petitioner was not regularized as he was under termination due to registration of criminal case against him in which he…
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