Law:

Section:

Civil service----- Termination of service---Service of civil servant was terminated without serving him with any show-cause notice on ground of poor record during probationary period---Termination of service of civil servant without first serving him any show-cause notice was illegal as no proper procedure had been adopted in the case---Order terminating service of civil servant was set aside and he was directed to be reinstated with back benefits. PLD 1974 SC 393; 1991 SCMR 400; 1994 SCMR 2232 and Iqbal Wasti v. Collector Customs 1987 PLC (C.S.) 756 ref. Hafiz Tariq Nasim for Appellant. Kh. Tariq Masood for Respondents. Date of hearing: 15th July, 1996. JUDGMENT NASIM SABIR SYED (MEMBER). ---The appellant was appointed as Civilian Assistant (B-11) under Managing Director, M.R.F., P.A.C. Kamra on 13-7-1993. During the tenure of his office he was posted under the control of respondent No. 4 i.e. Mr. Muhammad Aslant Khan, Civilian Gazetted Officer, P.A.F., Kamra District Attock It was claimed by the appellant that the Officer made him a personal servant and instead of letting the appellant to perform his official duties, utilized appellant's services for his domestic affairs. It was further asserted that the appellant resented this situation which annoyed respondent No. 4 who started victimisation on one pretext or the other and practically made the appellant sick. In January, 1995 due to sickness of appellant's sister the appellant applied for leave and proceeded to his home town and even became indisposed of and submitted medical certificates in this regard. Without referring the medical certificates for IInd medical opinion or referring the appellant to the Medical Board, out of sheer malice of respondent No. 4, the respondent No. 3 issued termination order on 23-9-1995 giving the reasons of poor record during probationary period. 2. The respondents gave the following record for remaining absent without leave. (i) 10-1-1995 (till the date of his termination from service) (ii) 7-7-1994 to I-8-1994 (iii) 2-12-1994 to 5-12-1994 It was brought to our notice that the appellant remained absent for 60 days in a…

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