Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)-------S.4---Constitution of Pakistan (1973), Art. 212(3)---Dismissal service---Appointment of civil servant after six years was alleged to be bogus and procured by exerting political pressure---Civil servant was dismissed from service on such allegation---Service Tribunal accepted civil servant's appeal---Validity---No evidence had been led to support such accusation---No regular inquiry had been made to unveil reality---Civil servant possessing requisite qualification for appointment as PTC Teacher ­Competent Authority had made such appointment at recommendations Tehsil Recruitment Committee---Civil servant had been dismissed from service after having rendered six years' service without affording opportunity of hearing and completion of mandatory formalities as envisaged to Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 causing him serious prejudice and resulting in grave miscarriage of justice---Such dismissal smacked of mala fides---Impugned being well-reasoned did not warrant interference---Supreme Court dismissed petition and refused to grant leave to appeal. (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--- ----Rr. 5, 6 & 7---Regular inquiry and haphazard probe---Distinction and effect---Haphazard probe and its result without following prescribed procedure as enumerated in Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 could not be equated to that of inquiry and would have no significance at all. (c) Civil service--- ---- Illegal order and arbitrary direction issued by person having no authority---Duty of bureaucracy to disobey such order and direction--­Emphasized. Bureaucracy should be courageous enough to disobey illegal orders irrespective of the fact, who had issued them including politicians/MNAs/ MPAs having no authority to pass such order or give such arbitrary directions, so that no illegal appointment could be made in contravention of law and under political influence or for any other extraneous considerations. Aziz Ahmad Chughtai, Advocate Supreme Court and Rao M. Yusuf Khan, Advocate-on-Record for Petitioners. Nemo for Respondent. Date of…

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