Case Details

Citation(s)
2001 SLG 2022 2001 SLD 2022 2001 PLC 1162
Federal Service Tribunal, Islamabad
Appeal No-533-R of 1997, decision dated: 15-03-1999
MUHAMMAD AYUB KHAN AND DR. AKHTAR HASAN KHAN, MEMBERS

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NAVEEDULLAH BABAR

VS

CHIEF COMMISSIONER, PAKISTAN BOY SCOUTS ASSOCIATION, ISLAMABAD and 2 others

Law:

Section:

(a) Administrative Authority-------- Mode of exercise of powers---Every departmental authority, high or low, and for that matter the State/Government functionaries, must follow the law and should not be led by their own whims and fancies and wishful thinking. (b) Civil service--- ---- Termination of service---Violation of principles of natural justice-- 'Civil Servant was most qualified and experienced person in his field not only at national level, but world over and his services were duly confirmed by Competent Authority---Confirmed services of civil servant, were terminated with immediate effect without issuing him show-cause notice and without providing him opportunity of hearing despite civil servant had rendered long meritorious services---Services of civil servant, had been terminated in total negation of principles of audi alteram partem---Order terminating services of civil servants was set aside with special costs, in circumstances. 1996 SCMR 413; 1990 SCMR 2330; PLD 1965 SC 94; Anisa Rehman's case 1994 SCMR 2232; 1997 PLC (C.S.) 1146; 1997 PLC (C.S.) 1014; 1997 SCMR 1543; 1998 PLC (C. S.) 5 and 1990 SCMR 999 ref. Dr. G.S. Khan, Bar-at-Law for Appellant. Altaf Hussain with Abdul Manan, Deputy Director, D.R. for Respondents. Date of hearing: 6th March, 1999. JUDGMENT MUHAMMAD AYUB KHAN (MEMBER) ---Arguments have been heard and record perused. 2. The services of the appellant, while posted as Director, Resources Development, Pakistan Boy Scouts Association (hereafter referred to as the PBSA), were terminated by order dated 7-4-1997 with immediate effect, impugned in the present appeal, feeling aggrieved therefrom he filed a departmental appeal on 6-5-1997, available at pages-139 to 141, (Appendix-M), which appears to be within time and when it was not respondend to within the stipulated period of 90 days, he preferred the present service appeal under section 4 of the Service Tribunals Act, 1973, before this Tribunal on 13-8-1997 which is also well within time and as such on the limitation side none can raise a finger to it. 2-A. Coming to the factual side, the appellant has stated in Para.2 of the memo. of appeal that he being B.A.LL.B, was initially…
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