| Citation(s) |
|---|
| 2004 SLG 821 2004 SLD 821 2004 SCMR 44 |
Supreme Court of Pakistan
Civil Petition No. 173-L of 2001, decision dated: 7-05-2003.(On appeal from the judgment dated 7-12-2000 of the Punjab Subordinate Judiciary Service Tribunal, Lahore High Court, Lahore, passed in Service Appeal No.38 of 1996)
JAVED IQBAL AND FALAK SHER, JJ
Amjad Hussain Syed, Advocate Supreme Court for Petitioner. Nemo for
Respondent
Civil Petition No. 173-L of 2001, decision dated: 7-05-2003.(On appeal from the judgment dated 7-12-2000 of the Punjab Subordinate Judiciary Service Tribunal, Lahore High Court, Lahore, passed in Service Appeal No.38 of 1996)
JAVED IQBAL AND FALAK SHER, JJ
Amjad Hussain Syed, Advocate Supreme Court for Petitioner. Nemo for
Respondent
Ch. MUHAMMAD HUSSAIN NAQSHBANDI
VS
GOVERNMENT OF THE PUNJAB and others
Law:
Section:
(a) Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974----R.7---Probation period---Further extension---Scope---Initial period of probation was two years subject to further extension of two years---Total period of probation would be four years, which could not be extended beyond that---Where no order was made on completion of initial two years of probation period, same would be deemed to have been extended---Further extension for two years could be made irrespective of fact, whether civil servant was appointed by way of initial recruitment or otherwise. (b) Punjab Subordinate Judiciary Service Tribunal Act (XII of 1991)---- ----S. 4---Punjab Civil Servants Act (VIII of 1974), S. 10(1)--- Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, R.7---Constitution of Pakistan (1973), Art. 212(3)---Probationer---Termination of service after completion of two years of probation period---Petitioner's contention was that such order could not be passed without issuing show-cause notice; and that on expiry of two years of probation period, he stood automatically confirmed---Tribunal dismissed petitioner's appeal---Validity---Total period of probation under R.7 of Punjab Civil Servants (Appointment and Conditions of Service), 1974, was four years, which could not be extended beyond that---Question of "automatic confirmation" would not arise, as in absence of any order on completion of initial two years of probation period, same would be deemed to have been extended for further two years---Petitioner had not challenged order extending probation period, thus, had impliedly accepted the same---No stigma of misconduct including inefficiency or corruption had been attached with termination of services of petitioner, same would be a case of "termination simpliciter"---Question of issuing show-cause notice prior to such termination would not arise as same was not obligatory on Competent Authority to have issued---High Court could not be compelled to reinstate or confirm petitioner as reinstatement and confirmation both would depend on subjective assessment of particular incumbent, which aspect of the matter squarely fell within…
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