Case Details

Citation(s)
1993 SLG 516 1993 SLD 516 1993 SCMR 114
Supreme Court of Pakistan
Civil Appeal No. 151 of 1990, decision dated: 26-04-1992(On appeal from the judgment/order of Federal Service Tribunal, Islamabad, dated 16-11-1989 in Appeal No. 190-R of 1988)
SAAD SAOOD, JAN AND MUHAMMAD AFZAL LONE, JJ

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AMIR AHMED

SECRETARY, FINANCE DIVISION, ISLAMABAD and others

Law:

Section:

(a) Civil Servants Act (LXXI of 1973)--S. 11(1)(i)---Constitution of Pakistan (1973), Art. 212(3)---Civil servant still on probation---Termination of service---Leave to appeal was granted to consider question as to whether during the probation period civil servant was entitled to the show-cause notice before an adverse action was taken against him. Muhammad Siddiq Javid Chaudhry v. Government of West Pakistan PLD 1974 SC 393 ref. (b) Civil Servants Act (LXXI of 1973)--- ----S. 11(i)(i)---Civil servant on probation by a letter was asked to report for duty at a training institute and this letter was sent at three different addresses where he could possibly be found yet he did not care to comply with or even acknowledge the letter that he had received same---Competent Authority, under S. 11(1)(i), Civil Servants Act. 1973 was competent to terminate the services of civil servant on probation without notice---Considering the conduct of the civil servant, the power vesting in the competent Authority under S.11(1)(i) did not appear to have been unjustifiably, exercised. JUDGMENT SAAD SAOOD JAN, J.---The appellant was appointed to the `accounts group' on the basis of the Competitive Examination held in 1983. He Joined the Civil Service Academy for training on 18-10-1984. By an order dated 19-6-1986, while he was still on probation, his services were terminated under section 11(1)(i), Civil Servants Act, 1973. On 13-5-1987 he made representation to the Prime Minister against the termination of his services. His representation was withheld by his department on the ground that it was out of time. He filed an appeal before the Service. Tribunal, but, it was dismissed. He has now come in an appeal to this Court. 2. Leave to appeal was granted to the appellant to consider the following question: "The grievance of the petitioner is that no show-cause notice was served upon the petitioner before terminating his services. The learned counsel for the petitioner has submitted that during the probation he was entitled to the show-cause notice before an adverse action is taken against him. He has relied upon Muhammad Siddiq Javid Chaudhry v. Government of West Pakistan PLD 1974 SC…
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