Case Details

Citation(s)
2004 SLG 1533 2004 SLD 1533 2004 PLC 561
Lahore High Court
Writ Petition No. 19505 of 2002, decision dated: 14-01-2004.
SYED, JAMSHED ALI, J

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AMANAT ALI

VS

MARKET COMMITTEE, LAHORE through Chairman and 2 others

Law:

Section:

Constitution of Pakistan (1973)-------Art.194---Constitutional petition---Civil service---Termination of service---Services of employee were terminated on grounds that his appointment was made during the ban, that no relaxation/N.O.C. was obtained from the Competent Authority and that it was made against the policy and procedure---Competent Authority while terminating services of employee did not issue any notice and also did not provide employee an opportunity to defend his appointment which undisputedly was made by the Competent Authority---Order of appointment of employee having been acted upon and implemented, could not have been recalled particularly without any notice or opportunity of hearing to the employee---Employee having been condemned unheard, it was clear violation of rule of natural justice---Order terminating services of employee was set aside and he was directed to be reinstated in service and case was remanded to Competent Authority to pass a fresh order in -accordance with law after hearing employee and providing him an opportunity to defend order of his appointment. Muhammad Ahmed Qazi for Petitioner. ORDER The petitioner was appointed as a Beldar (BS.1) in Market. Committee. Lahore vide order, dated 10-3-1997. He was appointed as Sub-Inspector (BS.7) in the said Market Committee by order, dated 1-9-1999 of the Administrator and was placed on probation. Vide order, dated 8-6-2000 of the' Administrator, Market Committee, A services of the petitioner were terminated on the grounds that it was made during the ban, .no relaxation/N.O.C. was obtained from the competent authority, and was against the policy and procedure. 2. The petitioner filed an appeal which was, in the first instance, dismissed by the Director of Agriculture (Economics and Marketing) Punjab, Lahore vide order, dated 8-11-2000. However, vide order, dated 5-12-2000, the Director, Agriculture, appointed a Committee of three officers to thrash out the record in order to consider the appeal of the petitioner and six other officials, whose services had been terminated. This Inquiry Committee found that services of Babar Shah Din, Beldar were terminated after issuance of show-cause…
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