Case Details

Citation(s)
1988 SLG 547 1988 SLD 547 1988 PLC 270
Service Tribunal, Punjab
Appeal No.196 of 1987, decided on 12th July, 1987
IHSANUL HAQ CHAUCHRY, CHAIRMAN
M. Alamgir for Appellant. Malik Azam Rasool and A.G. Humayun District-Attorney for
Respondents.

Syed TATHEER HUSSAIN SHERAZI

VS

GOVERNOR OF THE PUNJAB and another

Law:

Section:

(a) Punjab Civil Servants Act (IX of 1974)-- ---S. 10(1)--Services of civil servant terminated within probationary period--Plea of civil servant that his services during probationary period were terminated on charge of corruption and as such he was entitled to show-cause notice and formal inquiry, repelled--Services of a civil servant on probation, held, could be dispensed with at any time during that period. P L D 1974 S C 393; Abdul Haye Khan v. State etc. P L D 1958 S C 169; 1984 P L C (C.S.) 752; 1981 P L C (C.S.) 483; PLD 1966 Lah. 910 and Anderson v. Gorrie and others 1985 Q B 668 ref. (b) Punjab Civil Servants Act (IX of 1974)--- ---S. 10(1)--Punjab Service Tribunals Act (IX of 1974), S.4-­Termination of services of civil servant during probationary period-­Order of High Court passed in criminal miscellaneous wherein reference to conduct of civil servant occurred, made subject-matter of argument during hearing of appeal--Effect--Service Tribunal in all propriety, held, would not enter the field of sitting in over judicial pronouncements of High Courts and that too in collateral proceedings. (c) Punjab Civil Servants Act (VIII of 1974)--- --S.10(1)--Punjab Service Tribunals Act (IX of 1974), S.4-­Termination of services--Validity of--Order of termination having been passed by competent Authority, issuance of notice of such termination by Chief Secretary in pursuance of that order, held, had sanction of law and suffered from no legal and other infirmity--Appeal being devoid of merit was dismissed in circumstances. (d) Punjab Civil Servants Act (VIII of 1974)--- --Termination of services of civil servant--Competent authority's discretion, how to be exercised--Where two powers were concurrently available to authority viz. one of removal/ termination with stigma and other, termination of service without stigma, in accordance with terms and conditions of employment, it would be open to employer to adopt either of the two courses. Abdul Karim v. Government P L D 1956 S C 298 rel. JUDGMENT It is claimed by the appellant that he had 14 years standing at the Bar when he was selected as Additional District and Sessions Judge, as a result of his successfully taking…
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