Law:

Section:

Punjab Civil Servants Act (VIII of 1974)- -- S. 10(1)(i)-Probationer-Termination of service -No reference to conduct of officer in order of termination of services-Order passed with regard to work of officer simpliciter-Held: Order could not be said to carry any stigma against officer, hence, not an order of removal from service-Order unless itself containing any observations or finding as to conduct of Civil Servant could not be considered to be an order of removal or dismissal. Mohammad Siddiq Javaid Chaudhry v. The Province off West Pakistan P L D 1974 S C 393 distinguished. P L D 1976 Lab. 1310 and P L D 1970 S C 98 rel. ORDER M. SALEEM CHAL'DHRY CHAIRMAN).-In this appeal the appellant, an ex-Civil Judge assails the following order dated 8-4-1975 of termination of his service during probation period by the respondent: "Whereas the performance of work of Mr. Amanullah Malik, Civil Judge, Jhang (Probationer) has not been found up to the mark and satisfactory the Governor of the Punjab is pleased to terminate his services with immediate effect under subsection (1) of section 10 of the Punjab Civil Servants Act, 1974." This appeal was instituted on 8-5-1975 before us. During the course of hearing the appellant raised the issue that although the impugned order purported to terminate his services on the ground of inefficiency but in fact there was adequate material on the records of the department to show that ter­mination of his services had been 9rdered on the ground of misconduct and thus the order is tantamount to removal and since the order has been passed without any service of charge-sheet, enquiry and show-cause notice, the same was liable to be struck down and the reliance in this behalf was placed on the ratio of decision of Supreme Court of Pakistan reported as Mohammad Siddiq Javid Chaudhry v. The Province of West Pakistan (P L D 1974 S C 393) The appellant in particular relied upon the following observations: "In my opinion, if the service of a probationer is terminated on the ground of unsatisfactory work that will not amount to dismissal or removal from service, such termination will be in terms of the con­tract or the rules made by the Government…

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