Law:

Section:

Civil service Termination of serviceServices of civil servant were terminated without issuing him showcause notice or giving him an opportunity of being heard allegedly in view of instructions from the higher AuthoritiesMere fact that civil servant was a temporary employee, was not at all sufficient to terminate his services without serving him with a noticeAuthority in terminating services of civil servant having violated principles of natural justice, order of termination could not sustainWhile setting aside order of termination the High Court directed Authority to decide case of civil servant in accordance with law after providing him opportunity of being heard and serving him with a noticeConstitution of Pakistan (1973), Art. 199. Abdul Jabbar v. Secretary, Government of Punjab and another 1995 PLC (C.S.) 449 ref. JUDGMENT The facts admitted by the Commissioner of IncomeTax/Wealthtax, Bahawalpur Zone, Bahawalpur in his parawise comments received under covering Letter No. CITBWP/Adorn/Con/9, dated 1121996 from Administrative Officer are that the writ petitioner Masood Mukhtar was appointed as a NaibQasid vide No. Com/144, dated 2881994. He was to report for duty on or before 1291994. He joined as such on 791994 in the office of the Incometax Officer, Circle03, Hasilpur. His services were, however, terminated within his probationary period vide Order No. CIT­BWP/PF/Adorn/3614, dated 251995 in view of the instructions from the higher authorities. The petitioner has assailed this order through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, contending inter alia that no showcause notice was issued to him and that, as such, the same was liable to be set aside being illegal, without jurisdiction and lawful authority. 2. In the redrafted comments dated 1311997 while conceding that no showcause notice was issued, the respondent has maintained that the appointment was temporary in nature and the probationary period of service had not expired as yet and, as such, no notice was required to be issued or served upon the petitioner before passing the impugned order and for this…

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