Law: Constitution of Pakistan, 1962

Section: 177, 178

Constitution of Pakistan (1962), Arts. 177 & 178-Person appointed Risaldar in Levies in 1946 and on integration of various Provinces of West Pakistan becoming an employee of Provincial Government-Appointing authority: Governor of Province-Extra Assistant Commissioner not competent to remove such person from service-Governor subsequently according approval to order passed by A. E. C. but without affording opportunity of hearing to employee-Order of Governor also held invalid inasmuch as no opportunity of hearing had been given nor did the Governor apply his own mind to proposal. Dates of hearing: 16th and 18th June 1970. Provincial Government and his appointing authority thus became the Governor of West Pakistan. On 11th August 1967, the Extra Assistant Commissioner, Quetta, terminated his services and directed him to hand over the charge. The petitioner made a representation to the officer concerned requesting him to let him know the cause of termination of his services. The Extra Assistant Commissioner made endorsement on the back of the application asking him to hand over the charge and make representation to the Commissioner as he had talked with the Deputy Commissioner who apprised him that the action had been taken against him on the orders made by the Commissioner, Quetta Division. This application is Annexure `B' while the endorsement on it is Annexure `C'. On 12th August 1967 the petitioner made a representation to the Deputy Commissioner with regard to the wrongful termination of his services. Thereafter several representations were made by him to different authorities from 15th November 1967 to 6th May 1968. They are also placed on the file. None of the officers informed him of the cause regarding the termination of his services and none from the hierarchy in the Administration granted him audience. On 11th June 1968 he applied for the grant of copy of the order which was refused by an endorsement that since it was not a judicial case the copy of the order could not be supplied. His case was referred to the Governor on 16th February 1968 who approved the order of the termination of his services. We have been told by the Assistant…