Law: Civil Servants Act, 1973

Section: 5,11

Law: General Clauses Act, 1897

Section: 21

Civil Servants Act (LXXI of 1973)---   ---Ss. 5 11---General Clauses Act (X of 1897), S.21---Nothern Areas Council Legal Framework Order, 1999, S.19-A---Writ petition---Appointment and termination of service---Petitioner who was appointed as teacher in BPS-9, joined his service in pursuance of appointment order, but thererafter his services were terminated all of a sudden without any shams cause notice to the petitioner, simply stating that appointment was ordered without fulfilling codal formalities and mandatory rules of appointment---Practice of dismissal or removal of the service of individual without due inquiry or giving ample opportunity to the individual to meet the allegations against him was depricated---Petitioner having joined his services in pursuance of appointment order, said order could not be rescinded in exercise of the powers conferred by S.21 of General Clauses Act, 1897 as no locus poenitentiae was available to the authorities for the reasons that order was effected and a valuable right was created in favour of the petitioner---One show-cause notice having been issued to the petitioner prior to the termination of his service and no ample opportunity having been granted to him to meet the allegation against him, termination order was hit by the principle of audi alteram partem and was not sustainable in the eyes of law---Writ petition was accepted and the termination orders were cancelled with effect from its issuance and the authorities were directed to pay the salary and other service benefits to the petitioner from the date of his appointment.    1997 SCMR 15; 1993 PLC (C.S.) 588; 1996 SCMR 1390 and 2004 SCMR 158 rel.   JUDGMENT MUZAFFAR ALI, J.--- This writ petition assails orders dated 23-8-2003 and 10-9-2003, with the claim to issuance of directives to the respondents to restore the services of petitioner as M.T. Teacher (BPS-9) in the Education Department NAs with effect from the date of his appointment. The facts giving rise to this writ petition are as that, the petitioner was appointed as M.T. teacher (BPS-9) in the respondents department vide order dated 7-8-2003, keeping in view the services he rendered to the…

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