Case Details

Citation(s)
2024 SLG 3018 2024 SLD 3018 2024 SCMR 1155
Supreme Court of Pakistan
Civil Petitions Nos. 183-Q to 195-Q of 2023, decided on 15th April, 2024. (Against the judgment dated 03.05.2023 passed by Balochistan Service Tribunal, Quetta in S.As. Nos. 475, 524, 564, 569, 570, 582, 587 of 2018, 101, 484 of 2019, 96-98 of 2020, 222 o
PRESENT: MUHAMMAD ALI MAZHAR, AYESHA A. MALIK AND IRFAN SAADAT KHAN, JJ
M. Ayaz Khan Swati, Addl. A.G., Balochistan for Petitioners. Nemo for
Respondents.

GOVERNMENT OF BALOCHISTAN THOUGH SECRETARY FOREST AND WILDLIFE DEPARTMENT, QUETTA AND ANOTHER---PETITIONERS

VS

GHULAM RASOOL AND OTHERS---RESPONDENTS

Law:

Section:

Civil service--- ----Appointment orders, withdrawal of---Legality---Drastic action of withdrawing appointments letters and terminating service was carried out without issuing any show cause notice and without affording any opportunity of hearing to the terminated employees---In the present case, nothing was articulated to allege that the respondents (employees) by hook and crook managed their appointments or committed any misrepresentation or fraud or they were not eligible for the posts on which their appointment was recommended by the Departmental Recruitment Committee of five members where each case was considered diligently, and after a burdensome exercise, the names were recommended by the Departmental Recruitment Committee---Therefore, it cannot be construed that the respondents were appointed without fulfilling the codal formalities---Rather, due to their appointments with due process, some vested rights had been created in their favour which could not have been withdrawn in a perfunctory manner---Record reflected that the advertisement was published on 30.07.2016; the last date of submission of the application was 22.08.2016; the date of test/interviews was fixed on 19th and 20th September, 2016, and the applicants were again informed through a notice published in the newspaper on 27.08.2016, and a meeting of the Departmental Recruitment Committee was convened on 29.08.2016---If the process was allegedly initiated wrongly, then why were the concerned government departments under a deep slumber or ignorance?; why, at very initial stage, was the entire recruitment process not scraped?; why was the Departmental Recruitment Committee constituted?; why were appointment orders issued with postings?; and why were service books made?---All of these questions were shrouded in mystery and no logical justification was pleaded as to why the entire recruitment process was undone suddenly----Petitions filed by the recruiting department were dismissed and leave was declined. Inspector General of Police, Quetta and another v. Fida Muhammad and others 2022 SCMR 1583 ref. JUDGMENT: MUHAMMAD ALI MAZHAR, JUSTICE:---.--- These Civil Petitions for leave to appeal are…
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