Law:

Section:

Civil Service--------Removal from service of employee of a statutory Corporation in the absence of statutory rules notified in the official Gazette by the said Corporation---Validity---Such employee had a vested right of hearing before any order adverse to his interest was passed by virtue of principle of audi alteram partem which was the least requirement--­Authorities, in the present case, had passed an order influenced mainly by the fact that the appointment of the employee was illegal, ab initio, void and against the rules---Was incumbent upon Authorities that before passing order of termination/removal of employee, he should have been issued show-cause notice and an opportunity of hearing granted and thereafter well-considered order should have been passed---Supreme Court declared the order of removal from service of the employee by the Corporation to be illegal and without legal authority and set aside the same. Pakistan International Airlines Corporation v. Nasir Jamal Malik and others 2001 SCMR 934 and Abdul Hafeez Abbasi and others v. Managing Director, Pakistan International Airlines Corporation and others 2002 SCMR 1034 ref. Abdul Samad Khan, Advocate Supreme Court for Appellants. Syed Mir Muhammad, Advocate Supreme Court for Respondents Nos. I and 2. M. Bilal, Senior Advocate Supreme Court for Respondent No.3. Date of hearing: 4th December, 2003. JUDGMENT MUNIR A. SHEIKH, J.---This appeal by leave of the Court is directed against the judgment dated 25-11-1997 whereby Constitutional petition filed by the appellant has been dismissed by a Division Bench of the Peshawar High Court, Peshawar. 2. Facts of the case are that on 5-6-1996 appellant was appointed as Assistant Manager (Administration) in BPS-17 against a vacant post on contract basis for, a period of six months. In a meeting of Board of Directors held on 18-4-1996 the services of the appellant were regularized. On: 2-2-1997 the appellant was served with the following order:-- "OFFICE ORDER On perusal of the relevant record the appointment of Mr. Arshad Jamal, Assistant Manager (Admn.) BPS-17 has been , found illegal, ab initio void 'and against the prescribed rules. His services are,…

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