Law:

Section:

Civil serviceProbationerRemoval from serviceEmployee had challenged order of his removal from service contending that showcause notice was not issued to him before removing him from 'service and he was condemned unheardEmployee being a probationer in service, was not entitled to issuance of showcause notice upon him before passing order of his removal from service. JUDGMENT SARDAR MUHAMMAD SAJAWAL KHAN (CHAIRMAN)---This is an appeal by Abdullah, Store Assistant against the order dated 2141992 of Secretary, Health Department by which the departmental appeal brought by him before the Secretary Health was rejected and the order of his removal dated 2353991 made by NaibCommanding Officer, Azad Kashmir C.M.H. Muzaffarabad under the direction of Director, Health Department was maintained. The appellant has impleaded Azad Government of the State of Jammu and Kashmir through its Chief Secretary, Secretary, Health Department, Director, Health Department and the Commanding Officer, Azad Kashmir C.M.H., Muzaffarabad as respondents for seeking his relief against them. 2. In the memo of his appeal, it is stated by the appellant that he was employed as Store, Assistant in Azad Kashmir C.M.H., Muzaffarabad and the order of his appointment was duly endorsed by the Director, Health Department. The limitation of age was also relaxed in favour of the appellant under the recommendations of Director, Health Department. The appellant has been performing his duties satisfactorily and in recognition of his good services, he was granted a commendation certificate by the Commanding Officer, C.M.H. But after his one year and nine months service in the Health Department, the appellant was illegally removed out of service on the basis of his earlier retirement order made by the Armed Services Board. The appellant felt himself aggrieved by, the aforesaid order of his removal from service and brought an appeal before the Secretary, Health Department but it was not successful and hence the present appeal. The appellant has assailed the impugned orders on the following grounds: (i) that he was illegally removed out of service on the basis of his retirement order issued by the Armed Services…

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