| Citation(s) |
|---|
| 1997 SLG 917 1997 SLD 917 1997 PLC 654 |
Service Tribunal, N.W.F.P.
Appeal No. 401 of 1994, decision dated: 10-03-1996.
MUHAMMAD QAIM, JAN KHAN, CHAIRMAN AND ARBAB AZIZULLAH KHAN, MEMBER
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Appeal No. 401 of 1994, decision dated: 10-03-1996.
MUHAMMAD QAIM, JAN KHAN, CHAIRMAN AND ARBAB AZIZULLAH KHAN, MEMBER
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QABOOL SHAH
VS
SUBDIVISIONAL EDUCATION OFFICER (MALE) PRIMARY, SWABI and others
Law:
Section:
(a) NorthWest Frontier Province Service Tribunals Act (I of 1974)S. 4Cancellation of appointmentValidityJurisdictionCancellation of appointment had given civil servant cause of action and locus standi to file appeal for he had been deprived of legal rightThere being no misjoinder and non joinder of necessary parties, and deprivation of legal right being service matter, Service Tribunal would have jurisdiction to entertain and decide such appeal. (b) NorthWest Frontier Province Civil Servants Act (XVQI of 1973) S. 5NorthWest Frontier Province Service Tribunals Act (I of 1974), S.4Cancellation of appointmentOrder of cancellation of appointment being a nonspeaking order, was nullity, which was set aside and civil servant was restored to, his post with all remunerations and back benefits. Ashraf Khan Gadoon for Appellant. Sikandar Sahibzada, Government Pleader for Respondents. JUDGMENT MUHAMMAD QAIM JAN KHAN (CHAIRMAN).This is a service appeal under section 4 of the Service Tribunals Act, 1974 filed by Qabool Shah against the impugned order of respondent No. 1, dated 571994 by which the appointment order of the appellant dated 1961994 has been cancelled. Facts giving rise to the present appeal are that the appellant was appointed as Chowkidar by respondent No. 1 on 1961994 in Government Primary School, Beesak Banda (Gadoon) and has been performing his duty to the entire satisfaction of his superiors. Copy of appointment order is Annexure ' A' . That all of a sudden without any rhyme or reason on 571994, respondent No. 1 illegally and without any justification terminated the services of the appellant by cancelling his appointment order dated 1961994. Copy of this order is Annexure 'B'. The appellant preferred a departmental appeal to respondent No. 2 on 2671994 but as the same has not been responded in statutory limitation period, hence the present appeal. Copy of the departmental appeal and affidavit are Annexures C and D. The grounds of appeal are that the impugned order of respondent No. 1 is illegal, ultra vires and without jurisdiction, hence liable to be set aside. The impugned order is vague, based on mala fide and not a speaking order. Moreover, the impugned…
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