| Citation(s) |
|---|
| 1978 SLG 961 1978 SLD 961 1978 PLC 88 |
Balochistan High Court
Appeal No. 3 of 1977, decided on 28th December 1977.
FAKHRUDDIN H. SHAIKH, CHAIRMAN, MALIK ABDUS SAMAD AND MALIK HABIBULLAH KHAN. MEMBERS
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Appeal No. 3 of 1977, decided on 28th December 1977.
FAKHRUDDIN H. SHAIKH, CHAIRMAN, MALIK ABDUS SAMAD AND MALIK HABIBULLAH KHAN. MEMBERS
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MUHAMMAD NAWAZ CHAUDHRY
VS
PROVINCE OF BALUCHISTAN THROUGH SECRETARY, FOOD DEPARTMENT, GOVERNMENT OF BALUCHISTAN, QUETTA
Law:
Section:
(a) Baluchistan Civil Servants Act (IX of 1974)------ -- Ss. 6(3)(a) & 11-Termination of service -Probationer-Termination of service of probationer due to unsatisfactory work-In accordance with appointment letter-No notice or proceedings called for-Matter governed by S. 11 and not under S. 6(3)(a)-Misquoting of section-Does not render order of termination illegal-Words "discharge from service" used in order instead of "termination of service" also, held, immaterial. PLD 1974 SC 393 and P L D 1971 SC 234 rel. (b) Civil service---- -- Appointment Letter-Appointment order indicating appointment as temporary and on probation for one year-Nature of appointment, held, cannot be claimed other than mentioned in appointment letter. S. H. Jaffary for Appellant. Mohammad Yausaf Chaudhry, Asstt. A.G. for Respondent. JUDGMENT FAKHRUDDIN H. SHAIKH (CHAIRMAN).-----The appellant has filed this appeal against the order dated 30th April, 1976 whereby the respondent discharged him from service who was serving as Budget and Account; Officer in that Department on purely temporary and ad hoc basis. The impugned order was purportedly passed under clause (a) of sub-clause (3) o section 6 of the Baluchistan Civil Servants Act, 1974. 2. Originally the appellant was serving as Audit and Accounts Office in the Industries Department since 24-9-1974. In May, 1975 a post of Regional Audit Officer in Grade 18 fell vacant in the Food Department The appellant applied for the post. He was selected for the post vide letter of the Food Department dated 19th July, 1975 in which it was specificall3 mentioned that the appointment will be temporary and terminable or one month's notice on either side except in the case of misconduct inefficiency, negligence or failure 9f duty in which case the service could be terminated without any notice. It was further stated the appointment shall be on probation for a period of one year. By the above quoted letter of 19th July 1975 which is Annexure C" with the appeal the appellant was asked to give his acceptance to the appointment on the above terms and conditions. The appellant agreed to accept the appointment whereafter appointment order was issued on 23rd…
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