Law:

Section:

Constitution of Pakistan-------Art. 212(3)---Termination/withdrawal of appointment of civil servant---Civil servants, in the present case, were qualified and their appointments were made by the competent authority after observance of due process of law---No proper inquiry, such as issuing of charge-sheet/statement of allegations, show-cause notice, had been issued to the civil servants while terminating/withdrawing their services---Judgment of the Service Tribunal was based on valid and sound reasons and was entirely in consonance with the settled law---Neither there was misreading, nor misconstruction of facts and law was found in the said of Service Tribunal---Any irregularity, whatsoever, if committed by the appointing department itself, the appointee could not be harmed, damaged or condemned subsequently when it occurred to the department that it had itself committed some irregularities qua any appointment---Petition for leave to appeal by the department was dismissed by the Supreme Court, in circumstances. Collector of Customs and Central Excise, Peshawar and 2 others v. Abdul Waheed and 7 others 2004 SCMR 303 fol. Ghulam Rasool and others v. Government of Balochistan and others 2002 PLC (C.S.) 47; Federation of Pakistan through Secretary, Establishment Division, Islamabad and another v. Gohar Riaz 2004 SCMR 1662 and Abdul Salim v. Government of N.-W.F.P through Secretary, Department of Education Secondary, N.-W.F.P, 2007 PLC (C.S.) 179 ref. Tasleem Hussain, Advocate Supreme Court for Petitioners. Ijaz Anwar, Advocate Supreme Court for Respondents. Date of hearing: 6th February, 2009. JUDGMENT IJAZ-UL-HASSAN KHAN, J.---These petitions for leave to appeal, proceed against common judgment dated 17-6-2006 passed by the N.-W.F.P Service Tribunal, Peshawar, whereby Appeals Nos.490, 491 and 492 of 2005 filed by respondents Rozi Khan, Saeedullah and Muhammad Idrees, Arabic Teachers were accepted, order dated 30-7-2004 was restored and the impugned order dated 31-1-2005 of termination/withdrawal of respondents, was set aside. 2. Facts of the case need not be reiterated as the same have been mentioned in detail in the impugned judgment as well as in the memo of…

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