Case Details

Citation(s)
2000 SLG 800 2000 SLD 800 2000 SCMR 643 2000 SLD 1212 2000 SCMR 643
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal Nos. 1543-L of 1997 and 47-L of 1998, decision dated: 14-04-1999.
MUHAMMAD BASHIR, JEHANGIRI AND SH. RIAZ AHMED, JJ

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DIRECTOR-GENERAL, PAKISTAN RANGERS (SINDH), KARACHI and anothers

VS

ABDUL RASHID

Law:

Section:

Service Tribunals Act (LXX of 1973)--S.4---Constitution of Pakistan (1973), Art. 212(3)---Termination of service---Service of civil servant was terminated without issuing him any show-cause notice and assigning any reason for such termination---Civil servant whose services were being governed by Service Rules had completed probation period of four years---Service Tribunal, in circumstances, had rightly found that termination of service of civil servant without issuing him any show-cause notice and without holding inquiry against him, was illegal and, thus, had rightly directed reinstatement of civil servant treating intervening period from date of termination to his reinstatement as .extraordinary leave without pay---In absence of any question of public importance, leave to appeal against order of Service Tribunal was refused. Ch. Muhammad Yaqub Sindhu, Advocate Supreme Court and Syed Abul Asim Jafri, Advocate-on-Record for Petitioner/Respondent (in C.P. No. 47-L.of 1998). M.A. Aziz, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on.-Record fur Respondent./Cwiitioner (in C,P. 47-1., of 1998). ORDER SH. RIAZ AHMED, J.---Both these cross-petitions are directed against the judgment and order, dated 28-10-1997 whereby the Federal Service Tribunal accepted the appeal preferred by the respondent Abdul Rashid calling in question the termination of his service. 2. The facts in brief giving rise to the institution of these petitions are . that on 30-4-1992 Abdul Rashid was appointed as Sub-Inspector (General Duty) in the Pakistan Rangers, Punjab. On bifurcation of the Rangers, he was allocated to serve in the Pakistan Rangers Sindh and thus he was performing -his duties as Company Commander, B-company, 42 Wing on 30-3-1996, he handed over the charge to Inspector Muhammad Iqbal and returned to the Wing Headquarters. On 7-6-1996 an order was delivered to the respondent whereby his services were dispensed with w.e.f. 30-5-1996 without issuing any show-cause notice or assigning any reason for such dispensation. Aggrieved by the said order, the respondent filed an appeal before the Secretary, Ministry of Interior, Government of Pakistan, Islamabad and the same…
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