Law:

Section:

Civil service------- Termination of service---Reinstatement---Appeal---Competency---Civil servant was appointed as teacher and according to terms and conditions of her appointment she was placed under probation for two years and her services were liable to be terminated during that probationary period without any notice---Services of civil servant having been terminated during probationary period, she filed appeal before Chairman of Board who accepted appeal and reinstated her but she was not allowed to join service by Principal of the College---Civil servant filed Constitutional petition with prayer that Principal of College be directed to act upon order of reinstatement passed by Chairman---During pendency of Constitutional petition, reinstatement order having been withdrawn by Minister---Civil servant withdrew Constitutional petition and after filing departmental appeal to Prime Minister which remained un-responded, civil servant filed appeal before Service Tribunal--­Civil servant was appointed as teacher by Vice-Chairman and her services were also terminated by him---Held, in circumstances, it could not be said that order of termination of civil serv4nt was without lawful authority---Services of civil servant having been terminated during probationary period, no notice was required to be issued to her for dispensing with her services---Board of Directors was Appellate Authority in service and other matters relating to College, but civil servant made appeal against termination order to Chairman of Board who was incompetent Authority---Order of reinstatement passed by Chairman who was incompetent to pass same, was void ab initio and without lawful authority---Appeal before Tribunal was filed without first filing Departmental appeal before Appellate Authority which in case was Board of Directors---Appeal before Tribunal was not competent---Appeal which otherwise was barred by time, was liable to be dismissed on merits as well as on point of limitation. Syed Tahir Hussain Shirazi v. Government of Punjab 1990 SCMR 1510; Tanvir Iqbal Siddiqi v. The Principal, Overseas Pakistanis Foundation (OPF) Girls College, Islamabad 1994 SCMR 958 and Mrs. M.N. Arshad v. Miss…

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