Law: Constitution of Pakistan, 1973

Section: 199(3)

Constitution of Pakistan, 1973--

----Art. 199(3)--Appointment as staff SDO--Complaint--Dismissal from service--No inquiry and show-cause notice--Temporary post--Allegation of--No confession of appellant--Appellant was not a uniform person--Writ petition--Disposed of--Permanent nature of work of appellant--No confession has been placed on record for our perusal and if there was any such confession, as alleged, there was no need to hold a regular inquiry--The appellant has approached Hon’ble High Court of Sindh in Const--Due to pendency of petition, question of filing of departmental appeal did not arise--High Court not impressed by contention that contract period of appellants having not been extended, Rules had taken GER over seen from another angle, contract appointments in those cases continued to hold field throughout”--The work obviously was of permanent nature as was to last for more than nine months in all probabilities and only to deprive respondents from acquiring rights of permanent service device was made to show them as temporary employees ...”--Allegation had been leveled against appellant and he was dismissed terminated, without recourse to procedure provided under law--Appeal allowed.


2004 SCMR 1439, 1997 SCMR 1552, PLD 2003 SC 724, PLD 2002 SC 101, 2018 SCMR 1405 and 1984 PLC 943 ref.

 

ORDER

Tauqeer Ahmed Khan, Member.--By means of this appeal under Section 4 of the Service Tribunal, appellant, above-named, assails the order dated 30.07.2020 through which he was dismissed from service. As stated in the memo. of appeal, the appellant approached the office of Squadron Leader, Assistant Director (Housing), AFOHS (Dett), New Malir, Karachi for redressal of his grievance, but no positive response was given regarding his reinstatement in service, as such, he approached the Hon’ble High Court of Sindh in Const. Petition No. D-61, 62/2020 which was dismissed vide order dated 1.4.2021 directing the appellant to avail his remedy as provided under the applicable laws. Hence, this appeal.