Law: Evidence Act, (1 of 1872)

Section: 123

Law: Constitution of Pakistan, 1973

Section: 181(2),182(2)

(a) Evidence Act (1 of 1872)--- ------S. 123-Document contain­ing accusations against public servant which resulted in his discharge-Not "matter of State"-Not privileged. A document containing accusations against a public servant, which, he claims, resulted in his discharge, is not covered by the phrase "matters of State", and is not privileged particularly when the very question to be decided is whether the order of discharge had resulted from an allegation of misconduct. (b) Constitution of Pakistan------ ---, Arts. 181 (2), & 182 (2) proviso-Temporary civil servants, unless their services are terminated in good faith, in accordance with terms of employ­ment, have protection of clause (2) of Art. 181-"Dismissal" "removal", "reduction in rank"-Not conned to cases of misconduct. Clause (2) of Art. 181 of the Constitution of Pakistan contains a condition of an absolute character (i.e. issuing a show cause notice) which must be satisfied before a civil servant can be dismissed or removed from service or reduced in rank. At the same time, proviso to clause (2) of Art. 182, assumes the existence of a temporary service subject to termination on one month's notice or less. The question is whether these provisions can be recon­ciled. Held, that if the employer's notice to a temporary civil servant is given in good faith, that is to say, in fulfilment of the object which occasioned that particular clause in the contract, such a notice did not entail removal from service. If, however, the notice is not in good faith, and a clause in the contract is being used as a pretext for getting rid of a person who has made himself undesirable for some reason, then the object is to remove him from service, and the case falls under Article 181. That is the only way in which the assumption as to the existence of a temporary service subject to one month's notice, contained in the proviso to Article 182 can be reconciled to Article 181. If it had been intended to exclude from Article 181 (2) temporary services subject to one month's notice, con­templated by Article 182 (2) proviso, a fourth case could very properly have been added to the proviso to Article 181(2). Article 181 is…

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