| Citation(s) |
|---|
| 2001 SLG 1824 2001 SLD 1824 2001 PLC 270 |
Service Tribunal, Punjab
Appeal No.2129 of 1997, decision dated: 6-04-2000.
ABDUL HAFEEZ CHEEMA, CHAIRMAN
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Appeal No.2129 of 1997, decision dated: 6-04-2000.
ABDUL HAFEEZ CHEEMA, CHAIRMAN
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MUNAWAR SULTANA
VS
DIRECTOR OF EDUCATION
Law:
Section:
Civil service------ Natural justice, principles of---Termination of service---Civil servant was duly appointed by Competent Authority, after undergoing test/interview--Civil servant, after appointment, took over .her charge as P.T.C. Teacher--Services of civil servant were terminated without issuing her any notice and without providing her opportunity of hearing simply on ground that she was a Third Divisioner in Matric---Order of termination of services of civil servant passed in violation of principles of natural justice and by incompetent Authority was set aside, and she was ordered to be reinstated in sera ice. 1999 SCMR 2203; 1999 SCMR 2774; PLD 1959 SC 45; PLD 1965 SC 90 and 1972 SCMR 13 ref. Ch. Muhammad Ikram Zahid for Appellant. Ch. Manzoor Hussain, DA for Respondent. Date of hearing: 6th April, 2000. JUDGMENT 1. Munawar Sultana daughter of Muhammad Bashir, applied for the post of PTC Teacher and after undergoing test/interview was appointed as such, by means of order, dated 16-2-1997 (Annex "A"). She took over the charge in Government Primary School Bhatta Ameen Akuka, Bahawalnagar on 18-2-1997 (Annexure A/II). Her services were however, terminated vide order, dated 4-3-1997 (Annex "C") allegedly in pursuance of the direction issued by the Director of Education (EE), Bahawalnagar on 3-3-1997. The appellant represented against this illegal order which failed to fructify. 2. The appellant has filed this appeal challenging the termination mainly on the grounds that she was duly appointed by the competent authority; her order of appointment having been. acted upon, a valuable right had accrued in her favour; that she had been condemned unheard and order was thus coram non judice. 3. The respondents have refuted the claim of the appellant defending the impugned order on the ground that the appellant was a 3rd Divisioner in Matric and as such, her services had rightly been terminated in pursuance of he order of Director of Education (EE), Bahawalnagar. 4. It was contended by the learned counsel for the appellant that the impugned order had been passed without hearing the appellant, as such, it offended against the universally acknowledged principle of…
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