Case Details

Citation(s)
2022 SLG 2454 2022 SLD 2454 = 2022 PLC 322
Sindh High Court

Presented By:

Law:

Section:

Civil service--- partem---Scope---Petitioners assailed their termination orders---Validity---Even if it was accepted that a notice was sent to the employees, ex facie the same was deficient and did not properly satisfy the test of what constituted a valid show cause notice---Employees were, at the very least, to be properly confronted with the allegations as to the invalidity of their appointments so as to be able to properly respond thereto, under the given circumstances of the case they did not appear to have been extended such an opportunity, which militated against the well settled principles of natural justice, enshrined in the maxim audi alteram partem-- Termination orders were set aside with direction to the respondents to process the cases of the petitioners afresh---Constitutional petitions were disposed of accordingly. Caretex v. Collector Sales Tax and Federal Excise PLD 2013 Lah. 634 rel. Abdul Hafeez Abbasi and others v. Managing Director, Pakistan International Airlines Corporation, Karachi and others 2002 SCMR 1034 and Pakistan International Airlines Corporation, through MD, Karachi v. Nadeem Murtaza Khan 2007 PLC (C.S.) 334 ref. ORDER YOUSUF ALI SAYEED, J.----The Petitioners in Constitutional Petitions Numbers D-4540/16 and D-787/17 on the one hand and Constitutional Petitions Numbers D-1865/19, 1874/2019 and 32/2020 on the other, have approached this Court under Article 199 of the Constitution from opposite ends of the spectrum, in as much the alleged grievance of the two Petitioners in the former-set of cases (the "Complainant") is that numerous irregular appointments had been made by the Municipal Committee, Ghotki (the "MCG") in the year 2013, which, per their contention, ought to be probed and declared illegal, whereas the grievance of the Petitioners in the latter set, being 304 erstwhile employees of the MCG (the "Employees"), is that they had been validly appointed to and held different posts in various grades between BPS-1 to BPS-14 but were wrongly removed from service without due cause and in violation of the principle of natural justice, as the relevant termination orders that have been impugned are said…
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