| Citation(s) |
|---|
| 1984 SLG 1816 1984 SLD 1816 1984 PLC 1308 |
Service Tribunal, Punjab
Case No. 236/1403 of 1981, decided on 12th May, 1982.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS
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Case No. 236/1403 of 1981, decided on 12th May, 1982.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS
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RAHAT SAEED KHAN
VS
GOVERNMENT OF THE PUNJAB THROUGH SECRETARY, INDUSTRIES, CIVIL SECRETARIAT, LAHORE AND 2 OTHERS
Law:
Section:
Punjab Civil Servants Act (VIII of 1974)- -- S. 10-Civil servant appointed by competent authority on permanent basis-Services terminated by successor authority in a discriminating manner and without notice-Order challenged as void ab initio Alleged concealment of antecedents not proved against civil servant-Held: Services could not be terminated without show cause-Order having been passed in violation of mandatory rules declared void ab initio and appellant directed to be re-instated in service as if he was never removed. Muhammad Anwar Sipra for Appellant. Maroon-ur-Rashid Cheema, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN). -Rahat Saeed Khan, Mechanical Foreman (Night Shift), Government Weaving and Finishing Centre, Shahdara Lahore has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, against the order, dated 7th May, 1981 passed by the respondent No. 2 terminating the services of the appellant. He has impleaded the Government of the Punjab through Secretary Industries; Civil Secretariat, Lahore the Director of Industries and Mineral Development, Punjab, Poonch, House, Lahore and the General Manager, Government Weaving and Finishing Centre, Shahdara, Lahore, as respondents. 2. By virtue of this appeal be has prayed that the impugned order be set aside and he be re-instated in service. 3. Brief facts of the case are that the appellant was appointed as Mechanical Foreman (Night Shift) vide order, dated 2nd March, 1981 by Mr. S. A. S. Kirmani, General Manager, Government Weaving and Finishing Centre, Shahdara. The appellant submitted his joining report on 1st March, 1981 and No-Objection Certificate was obtained from Government of Punjab on 14th April, 1981. On 7th May, 1981 he was informed by Ch. Abdur Rehman, General Manager, Government Weaving and Finishing Centre, Shahdara that his services stood terminated as he did not fulfil the requisite qualification, this was done without giving him any notice. Hence this appeal. 4. We have heard the learned counsel for the appellant as well as learned District Attorney assisted by the representative of the Department and have perused the record of this…
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