Law:

Section:

(a) Civil service------- Appointment, withdrawal and cancellation of---Civil servants were duly appointed by Competent Authority, but during their training the appointment was cancelled without issuing them any show-cause notice and without affording them opportunity of hearing on ground that while appointing them Appointing Authority had not observed Recruitment Policy and codal formalities---Appointment orders were given effect and they were served cancellation order when they had joined training course---Authority could not show any Government Policy for recruitment which was allegedly violated by the Appointing Authority---Authority had not contended that civil servants were lacking requisite qualifications for their appointment--­Irregularity committed by Appointing Authority 'could not be made basis for rescission of appointment order and that too with retrospective effect when it had already been given effect to and acted upon by the parties---Orders canceling appointment orders, were struck down being illegal, unconstitutional and passed by Authority misusing its powers with direction to reinstate civil servants. Syed Sikandar Ali Shah v. Auditor-General of Pakistan and others 2002 SCMR 1124; Secretary to Government of N.-W.F.P. Zakat/Social Welfare Department, Peshawar and another v. Sadullah Khan 1996 SCMR 413; Mahmooda Begum v. District Magistrate, Sialkot and 2 others PLD 1991 Lah. 230 and Syed Muneeb Nazir Shah v. Azad Kashmir Government and others PLD 1985 Azad J&K 17 ref. (b) Civil service--- ---- Appointment and termination---Appointing Authority would apply its own independent mind in passing orders falling Within its authority--­Appointment or termination order of a civil servant could only be justified if found to have been passed by applying its own independent mind and not being influenced or pressurized by any external force. Essa Khan for Petitioners. Miss Mussarat Hilali, A.A.-G. for Respondents Date of hearing: 15th October, 2003. JUDGMENT SHAH JEHAN KHAN, J.---The petitioners were appointed as Sepoys in Dir Leavies (BPS-1) on 28-1-2003 by respondent No.1 they were sent for training where on 25-2-2003, they were served with the…

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