| Citation(s) |
| 2001 SLG 2130 = 2001 SLD 2130 = 2001 PLC(CS) 824 |
Service Tribunal Punjab
Appeal No. 285-K of 1997, decided on 25th July, 1998.
Presented By: Muhammad Raza Khan and Noor Muhammad Magsi, Members
Shafi Mohammadi for Appellant. Masood A. Khan for
Respondent‑Corporation.
Dr. MAZHAR NAEEM
VERSUS
STAN INTERNATIONAL AIRLINES CORPORATION, KARACHI
(a) Words and phrases‑‑ ‑‑‑‑"Void"‑‑‑Connotation. (b) Civil service‑‑‑ ‑‑‑‑Termination of service‑‑‑Services of civil servant who was in confirmed employment of Corporation, were terminated without any charge‑sheet, inquiry and even without issuing show‑cause notice‑‑‑Validity‑‑‑Held, even if termination of civil servant was "termination simpliciter" he could not be terminated without adopting proper procedure and principle of natural justice should have been followed effectively and meaningfully‑‑‑Order of termination passed in flagrant violation of principle of natural justice, was set aside being void ab initio. Shafi Mohammadi for Appellant. Masood A. Khan for Respondent‑Corporation. Date of hearing: 11th July, 1998. JUDGMENT MUHAMMAD RAZA KHAN (MEMBER).‑‑‑The appellant was offered the appointment in PIA on 21‑1‑1996 which was accepted by the appellant and he joined on 1‑2‑1996. He was confirmed as Medical Officer in Pay Group‑VI w.e.f. 1‑2‑1996 by an order dated 24‑9‑1996. ‑Thereafter, without any charge‑sheet, inquiry or even a show‑cause notice a termination order was issued on 20‑3-1997. The appellant filed a suit before the Sindh High Court and .the impugned order dated 20‑3‑1997 was suspended on 24‑3‑1997. The said suit was still pending when the amendment in the Service Tribunals Act was made on 10‑6‑1997 and hence the present appeal was filed on 27‑8‑1997. The main contention of the appellant is that he was in the confirmed employment of the Corporation and he could not be terminated without adopting the proper procedure. Even the formal show -cause notice has not been issued which was not only violative of the principles 9f natural justice, as held by the Supreme Court, to be considered as part and parcel of every statute, but was also the cardinal principles of Islamic Jurisprudence. The Federal Shariah Court has also discussed the principle in several judgments and the decisions of the Federal Shariat Court have been upheld by the Shariah Appellate Bench of…
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