Law:

Section:

(a) Civil Servants Act (LXXI of 1973)S. 5Constitution of Pakistan (1973), Arts. 2.2 & 199Constitutional petitionMaintainabilityAppointment of respondent in place of petitioner' in supersession of earlier appointment notification of p4titionerValidity­JurisdictionOrder in question had been passed on dictation of Extra­ Judicial Authority for extraneous considerationSuch order was, thus, patently mala fide and could not be deemed to have been passed by competent Departmental Authority, therefore, same was not amenable to departmental appealProvision of Art. 212 of the Constitution was, thus, not attractedIn addition, order in question being appointment order of respondent, same would fall outside the scope of Service Tribunes High Court, thus, had jurisdiction to entertain and decide matter relating to order in question under Art. 199 of the Constitution. Mst. Chanda Begum v. Settlement Commissioner and another PLD 1977 SC 503 and Malik Faiz Muhammad Awan v. Punjab Transport Board 1985 PLC (C.S.) 868 ref. (b) Administration of justice Party was not to suffer on account of mistake of office of Court. (c) Civil Servants Act (LXXI of 1973) S. 5Constitution of Pakistan (1973), Art. 199Constitutional petitionAppointment of civil servant on contractTermination of service without assigning any reasonValidityIf employment contract contained stipulation that services could be terminated without assigning any reason even then no order of termination could be passed without assigning any reasonsSo long as vacancies existed, persons appointed against those vacancies could not be removed from service arbitrarily without cogent reasonsTerm "without assigning reason" would mean valid reasons for removal of employee must exist on record though such reasons might not be communicated to the employee. Kumari Shrilekha Vidyarthi etc. v. State of U.P. and others 1991 PSC 212 rel. (d) Civil Servants Act (LXXI of 1973) S. 5Constitution of Pakistan (1973), Art. 199Constitutional petitionTermination of services without assigning reasonsServices of petitioner (civil servant) having been illegally terminated he was to be reinstated in service like his other colleagues whose…

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