Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 212(3)---Leave to appeal was granted by Supreme Court to consider; whether the appointments of civil servants were illegal and void ab initio being against the prescribed rules; and whether the Government having first appointed the civil servants without observing the codal formalities, could subsequently turn around and say that such appointments were illegal. (b) North-West Frontier Province Service Tribunals Act (I of 1974)----- ----S. 4---Removal from service---Audi alteram partem, principle of---Applicability---Illegal act of authorities---Effect---Civil servants were appointed in Agriculture Department without any advertisement and test---Civil servants were removed from service without any show-cause notice on the ground that their appointments were illegal and against the prescribed rules---Service Tribunal dismissed the appeal--.Validity---Authorities were bound to issue show-cause notice to the civil servants in that regard---If such notice would have been issued, the civil servants might have come out with the defence that the appointments were not illegal and that the illegality, if at all, had been committed by the department itself for which action the civil servants could not be penalized---Civil servants in circumstances, were condemned unheard and were made to suffer for the illegality committed by the Government itself---Principle of natural justice and audi alteram partem, was violated and non-issuance of notice could not be ignored unless a fair opportunity of representing their point of view had been given to the civil servants at one stage or the other---No such opportunity was given at any stage before termination of service---Supreme Court required that action be taken against those who were guilty of making illegal appointments and deprecated that the same authority committed illegality itself not once but twice; one at the time of appointment and second at the time of removing the civil servants from service---Authority could not be allowed to punish others for the illegal acts of its own---Order of removal from service of civil servants was declared void as well as violative of the…

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