Case Details

Citation(s)
1989 SLG 2260 1989 SLD 2260 1989 PLC 534
Service Tribunal, N.W.F.P.
Appeal No. 99 of 1988, decided on 25th April, 1989.
MALIK MUHAMMAD PERVEZ KHAN, CHAIRMAN AND TAJ MUHAMMAD KHAN, MEMBER

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ADIL HUSSAIN

VS

SUB-DIVISIONAL EDUCATION OFFICER (FEMALE), ABB0TTABAD and 2 others

Law:

Section:

North-West Frontier Province Service Tribunals Act (I of 1974)- ---S. 4--North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973, Rr. 5 & 6--Termination of service without show-cause notice is illegal, ultra vires and void, irrespective of the fact that employee was working temporary or on probation--Employee at least, must be appraised of wrong committed by him for which he was going to be penalized by Authority-­Service of notice on employee going to be terminated, was a mandatory condition whether same was contained in special enactment or not--Non-service of notice on employee was against principles of natural justice and Islamic jurisprudence as R well. Abdullah Khan Tanoli for Appellant. Masood-ur-Rehman Tanoli for Respondent No. 3. Date of institution: 19th July, 1988. JUDGMENT MALIK MU14AMMAD PARVEZ KFIAN (CHAIRMAN).--Appellant has assailed the impugned order dated 27-2-1988 vide which his services were terminated by respondent No. 1 and appeal to respondent No. 2 had not been answered by him within the statutory period. According to him he was employed as a Chowkidar in Government Girls Primary School, Nalla/Soho by respondent No. 1 vide order dated 14-10-1987. He worked efficiently and honestly till he received the impugned order dated 27-2-1988 for his termination and the appointment of respondent No. 3 in his place as Chowkidar. He moved the Divisional Director of Education Hazara Division, Abbottabad for his redress vide appeal dated 5-3-1988, which was returned to him on 11-5-1988 with the direction, that he should move the proper forum to obtain his goal, so on the very day he preferred an appeal to respondent No. 2 which was not answered by him within the statutory period; hence the present appeal on the grounds, that the order passed by respondent No. 1 is illegal, void, wrong and against the principles of natural justice, that it was passed at the behest of an M.PA. who does not figure in the rules. On the basis of the above, it was prayed that the impugned order may be set aside by reinstating the appellant in service. Claim of the appellant was hotly resisted by the respondents on the grounds that the…
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