| Citation(s) |
|---|
| 1991 SLG 1586 1991 SLD 1586 1991 PLC 709 |
Service Tribunal, Punjab
Appeal No. 508 of 1989, decision dated: 25-06-1990,
MUHAMMAD MEHMUD ASLAM PIRZADA, CHAIRMAN AND ABDUL HAMID KHAN, MEMBER
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Appeal No. 508 of 1989, decision dated: 25-06-1990,
MUHAMMAD MEHMUD ASLAM PIRZADA, CHAIRMAN AND ABDUL HAMID KHAN, MEMBER
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RIAZ AHMAD
VS
MEMBER, BOARD OF REVENUE, PUNJAB and others
Law:
Section:
Punjab Civil Servants Act (VIII of 1974)--- ----Ss. 5 & 15---Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--Termination of services---Appellant appointed as Chowkidar and his services were terminated within one year of probation---Order of termination carried stigma of misconduct as he was terminated on ground of remaining absent from duty ---Held, there being stigma of misconduct the Authorities could not dispense with his services under S. 15 of Punjab Civil Servants Act, 1974---Appellant was entitled to a show-cause notice and proper inquiry under Punjab Civil Servants (Efficiency and Discipline) Rules, 1975---Appellant was declared to be in service and Authorities were put at liberty to hold a proper inquiry against him strictly in accordance with Punjab Civil Servants (Efficiency and Discipline) Rules, 1975. Ikram Zahid for Appellant. Manzoor Hussain, D.A. for Respondents. Date of hearing: 25th June, 1990. JUDGMENT ABDUL HAMID KHAN (MEMBER).---Riaz Ahmad, appellant/ was appointed as Chowkidar on 7-5-1988 by the Commissioner, Faisalabad Division against a temporary post. As provided in the appointment order, the appointment was purely temporary and the services of the Chowkidar were liable to be terminated without, assigning any reason at any time. Alter about a year or so the services of the appellant were terminated by the Commissioner, Faisalabad Division (respondent No. 2) vide his order dated 3-G-1959 under section 5(3)(a) of the Punjab Civil Servants Act, 1974 for having failed to complete his probationary period satisfactorily. The appeal preferred by him to the Member, Board of Revenue; i.e. the appellate authority (respondent No. 1) was also rejected vide orders dated 12-9-1989 and hence this appeal before the Tribunal. 2. The learned counsel for the appellant contended before the Tribunal that the appellant had been condemned unheard and was not provided any opportunity to show cause and to offer his defence which amounted to denial of natural justice to him. He, therefore, prayed that the impugned orders passed by the respondents be set aside and the appellant be reinstated in service. The learned District Attorney opposed…
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