Law:

Section:

Service Tribunals Act (I of 1974)-- ---S. 4--North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973, Rr. 5 & 6--Civil servant--Termination of services without show-cause notice and without initiation of enquiry--Such civil servant having already been re-employed, would be entitled to seniority and to the emoluments of the intervening period--Authority was directed to act in accordance with rules before contemplating action against a civil servant. JUDGMENT MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN).--Through this present appeal, appellant has prayed for the acceptance of his prayer for setting aside the impugned order dated 30-1-1988 passed by respondent No. 3, vide which his services were terminated without any fault of his. According to him he was employed as a Chowkidar at Government Girls Primary School, Maira Khurd vide order dated 4-10-1987 but was dismissed from service per order conveyed to him through endorsement dated 8-11-1987 and instead respondent No. 4 was appointed. However, the appellant was re-instated later on and respondent No. 4's services were dispensed with by respondent No. 3. The episode did not end here and the appellant was once again dismissed from servile per impugned order dated 30-1-1988 and in his place respondent No. 4 was employed at the recommendation of M.PA. concerned. The appellant was not nerved with any notice. No departmental proceedings were initiated against trim and the action taken was illegal, void, without jurisdiction and against the basic principles of natural justice. He preferred an appeal to the authority but was informed that no action can be taken in response to the said appeal and he should wait for a new posting. Earlier he filed an appeal, which was dismissed as withdrawn with permission to bring a fresh appeal. Claim of the appellant was vehemently resisted by the respondents who filed separate written statements. It was asserted by them that the appellant has got no cause of action, that the appeal is incompetent, that it is barred by time that the appellant is estopped by his own conduct and that he has suppressed the material facts from this Tribunal. On facts it was…

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