| Citation(s) |
|---|
| 1991 SLG 1086 1991 SLD 1086 1991 SCMR 981 |
Supreme Court of Pakistan
Civil Petition No.100 of 1975, decision dated: 25-03-1980(On appeal from the judgment dated 19-11-1974 of the Lahore High Court in L.P.A. 2/74/BWP)
KARAM ELAHEE CHAUHAN AND NASIM HASAN SHAH, JJ
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Civil Petition No.100 of 1975, decision dated: 25-03-1980(On appeal from the judgment dated 19-11-1974 of the Lahore High Court in L.P.A. 2/74/BWP)
KARAM ELAHEE CHAUHAN AND NASIM HASAN SHAH, JJ
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THE SECRETARY TO THE GOVERNMENT OF PUNJAB, IRRIGATION DEPARTMENT and 2 others
ASHIQ ALI
Law:
Section:
Constitution of Pakistan (1973)--Art.212(3)---Bahawalpur State Zilledar Service Rules, 1934, Rr. 6 & 8(b)--West Pakistan Irrigation Department Zilledar Service Rules, 1963, R.11--Termination of service before expiry of extended probation period, on ground of Civil Servant's failure to clear departmental examination, within probation period---High Court in Letters Patent Appeal, declared order of termination of service to be illegal and without lawful authority---Point raised in petition for leave to appeal was that no show-cause notice was necessary to be issued to Civil Servant who was a probationer for, in law no such notice was necessary where no misconduct was alleged---High Court had found that Civil Servant was at least a confirmed A.V.C., 'therefore, his services could not be terminated without showcause notice---Civil Servant had a right of appeal, which he had exercised and was entitled to be heard before said appeal was disposed of---Nothing had been shown as to why treatment accorded to Civil Servant's colleague was not followed in his case---Case was thus not fit for grant of leave to appeal, which was refused. Chief Commissioner, Karachi v. Dina Sohrab Katrak P L D 1959 S C 45, Muhammad Siddiq Javaid Ch. v. Government of West Pakistan P L D 1974 S C 393 and The Province of the Punjab v. Muhammad Sharif P L D 1959 S C 61. ref. ORDER NASIM HASAN SHAH, J.---This petition is directed against the order dated 25-1-1975 of a Division Bench (consisting of Zaki-ud-Din Pal and Javed Iqbal, JJ) whereby a Letters Patent Appeal (L.PA. 2/74/BWP) filed by the respondent was accepted and the order of the learned Single Judge dismissing the writ petition filed by him, namely, W.P. No.3-8-73/BWP, was set aside. The relevant facts are that the respondent, who is an FA. passed the departmental examination of Patwar and thereafter also the Zilledar Examination held in July, 1951 and successfully completed the prescribed training on 2-12-1951. He was registered and accepted as Zilledar candidate with effect from 1-4-1952 under rule 6 of the Bahawalpur State Zilledar Service Rules, 1934. Rule 8(b) of the Bahawalpur State Zilledar Service Rules, 1934 provides as…
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