Law:

Section:

Civil service- --Disciplinary action-Bias alleged-Review Court not to merely decide whether impugned decision in fact biased but to see whether in circumstances reasonable possibility of bias was established­-Doctor office-bearer (General Secretary) of Pakistan Medical Association transferred from place where Head Office of Association located without any specific reason and without element of good faith-Suspension made and services terminated subsequently with approval of Health Minister though competence as Authority vesting in Chief Minister-Allegation of bias in circumstances, held, established and impugned action having been taken incompetently, held, void and not sustainable-Service Tribunals Act (LXX of 1973), S. 4 read with Government Servants (Efficiency and Discipline) Rules, 1973, r. 2 (2) (3). Qveen v. Rand (1886) Q B 2307 ref. Mr. S. A. Wadood for Appellant. Hamid Hussain for Respondent. Date of hearing : 25th January, 1983. JUDGMENT MUHAMMAD IRSHAD KHAN (MEMBER).-The relevant background of the present appeal is that the appellant was appointed on the 8th August, 1956, as Assistant Blood Bank Officer in the Jinnah Post-Graduate Medical Centre Karachi and, later on, he was promoted, with the concurrence of the Federal Public Service Commission, as Blood Bank Officer on the 25th August, 1962. On successful completion of his probationary period he was confirmed against the post of Blood Officer, Jinnah Post-Graduate Medical Centre, Karachi, and was working there as such when, on the 30th April, 1975, an order was issued telegraphically by the Health Division, transfer­ring him to the Central Government Hospital, Rawalpindi, and in his place, posting Dr. Sultan Ahmad Khan, Blood Bank Officer, Central Government Hospital, Rawalpindi. The appellant applied on the 2nd May, 1975, for grant of one week's medical leave (according to him before he came to know of his transfer order) on the ground of his sickness and later on vide his application dated the 8th May, 1975, he requested for a further leave of fifteen days. A perusal of the departmental file shows that the Joint Secretary of the Health Division had suggested to the Secretary, Health, that grant of…

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