Law:

Section:

Civil service- --Better employment-Vested right-Appellant serving yet on pro­bation making application for higher post under a Bank but his application refused to be forwarded-Appellant making application directly and on being selected submitting resignation and joining new appointment under the bank-Penalty of dismissal from service imposed on charge of absence and for making direct application for new appointment-Held : (i) Appellant was well within his right to resign at short notice particularly when he had informed the depart­ment about his intention to apply for another job, (ii) seeking a better employment was his vested right hence not forwarding his application and not accepting his resignation was not appropriate ­Tribunal modifying penalty of dismissal to that of removal from service-Service Tribunals Act (LXX of 1973), S. 4. T. B. Ansari for Appellant. Muhammad Amir Akbar Khan, State Counsel for Respondents. Date of hearing : 12th June, 1985. JUDGMENT A. RAHMAN KHAN (MEMBER).-This is the appeal by S. M Ali Shah, ex-Key Punch Verifying Operator, the appellant, against the im­pugned order of his dismissal vide Federal Bureau of Statistics Office Order No. FBS-ADMN. 11. P-5(40)/82, dated the 25th April, 1983. The appellant appealed departmentally against the impugned order to the Secretary, Ministry of Planning and Development (Statistics Division), Islamabad which was rejected vide Memorandum No. FBS. SO.P. 12-(90)81, dated 2nd October, 1983. 2. The facts of the case are that the appellant was appointed on 6th May, 1981 as Key Punch Verifying Operator (Grade-7) in the Statistics Division, Islamabad. According to his appointment letter, the appellant was to be on probation for a period of one year extendable for a further period of one year. Sub-para. (3) of his appointment letter is reproduced below "His/her appointment in the first instance will be on probation for a period of one year extendable by order before or immediately after its expiry for a further period of one year. On satisfactory comple­tion of the probationary period to be so declared the appointment shall be deemed to be held on temporary basis until further orders. Provided that…

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