Law:

Section:

Civil service------- Removal from service---Civil servant working as Operational Pilots in the Department of Plant Protection, was issued show-cause notice and was removed from service on charge of inefficiency for not having a valid Commercial Pilot Licence---Final order of removal from service of civil servant was passed on the date he was neither medically unfit to perform his duties nor he could be charged for not possessing a valid Commercial Pilot Licence---Few months prior to his removal from service, civil servant remained under medical treatment and that would never amount to inefficiency to justify action for misconduct---Physical disability could lead to retirement from service on medical grounds, but it could not operate as a justification for imposing the penalty, for punishment was always awarded for any intentional omission or commission based on guilty mind, whereas in case of civil servant, neither there was any proof of guilty-mindedness nor did he perform any functions to the prejudice of the interests of Authority--­Sickness was an act of God and nobody could be held responsible for any misconduct on ground of sickness only---Civil servant had been charged for inefficiency which was a positive term indicating lack of competence or lack of interest---Instead, civil servant could be said to have been ceased to be efficient on the ground of his physical disability, but in such a case, he could not have been penalised by the imposition of punishment of removal from service, more particularly when he had been declared to be fit by a competent Medical Board and had been allowed the facility of renewal of licence--­Order removing civil servant from service was set aside with direction to re­instate him in service on production of a valid licence. Shabbir Ahmed Awan for Appellant Niaz Ahmed Khan, Standing Counsel for Respondents alongwith Abdul Haq, Deputy Secretary, Ministry of Food and Agriculture. Date of hearing: 8th April, 1997 JUDGMENT MUHAMMAD RAZA KHAN (MEMBER)----This judgment will also dispose of the connected appeal No. 149(K)/96 filed by Mr. M. Inamul Haq, as most of the facts in both the cases are identical. 2. In brief, both the…

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