Law:

Section:

Constitution of Pakistan (1973)--- Art. 185(3) read with Government Servants (Efficiency and Discipline) Rules, 1960 Master and servant Removal of employee from service Statutory rules governing service conditions of employee Pleasure of master in such case stands surrendred to extent matter covered by relevant rules Evacuee Trust Property Board adopting Efficiency and Discipline Rules as its own rules Removal of employee of Board from. service without following procedure laid down in such Rules declared to be illegal by Additional District Judge Order of High Court upholding decision of appellate Court found to be in conformity with law on subject Held, does not call for interference by Supreme Court.¬[Civil service]. R. T. H. Janjua v. National Shipping Corporation P L D 1974 S C 146 distinguished. Chairman, Evacuee Trust Property Board, Lahore etc. v. Noor Elahi C. P. S. L. A. 645 of 1774; Chairman Evacuee Trust Property Board, Lahore etc. v. Muhammad Ramzan C. P. S. L. A. 646 of 1974 and Sled Akbar AU Bokhari v. State Bank of Pakistan and 7 others P L D 1977 Lah. 234 ref. ORDER KARAM ELAHFE CHAUHAN, J. Muhammad Nawaz (respondent) employee was employed as an Inspector on 1 7 1968, in the office of the District Evacuee Trust Committee, Multan. His service, however, was terminated on 7 1 1969, for misconduct on his part in not disclosing at the time of his aforesaid appointment that he was working as a Junior Clerk in the office of the Administrator, Evacuee Trust Property. Northern Zone. The respondent filed a civil suit for a declaration that his removal from service in the aforesaid manner was illegal inasmuch as it was brought about without issuing to him any show cause notice and without following the procedure laid down in the relevant rules on the subject. The learned Civil Judge after giving the finding that the removal was illegal nevertheless dismissed the suit by his judgment, dated 10 3 1976 on the ground that he bad no jurisdiction in cases of this type to grant the declaration inasmuch as the remedy of the employee was to approach the departmental authorities and in case of their failure to grant the relief he could approach the High Court by…

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