Law:

Section:

North-West Frontier Province Service Tribunals Act (I of 1974)-------S. 4---Constitution of Pakistan (1973), Art.212(3)---Termination from service---Grounds of termination, non-mentioning of---Change of Government---Irregularities committed at the time of appointment---Effect---Civil servant was appointed as school teacher in the year, 1995 and had been receiving salary for two years regularly---In year 1997, the authorities terminated the services of the civil servant and his departmental appeal was also dismissed---Service Tribunal maintained the decision of the authorities---Validity---In the order of removal from service it was only mentioned that the appointment of the civil servant was found illegal, ab initio void and against the prescribed rules but no details in that regard were mentioned therein---Absence of such reasons by itself was sufficient to dub the removal as mala fide---If there had been any specific reason and same had been intimated to the civil servant through show-cause notice, the civil servant might have been able to defend himself---For the irregularities committed by department itself regarding appointment of candidate, the appointees could not be condemned subsequently with the change of heads in department or on the upper level---Government being institution in perpetuity, its orders could not be reversed simply because the heads had changed---Such act of departmental authorities was unjustified when the candidate was otherwise fully qualified to hold the job---Supreme Court converted the petition for leave to appeal into appeal, set aside the order of termination and reinstated the civil servant in service---Appeal was allowed. Petitioner in person. Assistant Director (Education) for Respondents. Date of hearing: 26th December, 2003. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.--- Abdus Salim son of Kamal Din, former C.T. Teacher at Government Middle School, Sherdara, seeks leave to appeal against the judgment, dated 27-8-2001 of N.-W.F.P. Service Tribunal which had dismissed his appeal against removal from service vide departmental order, dated 13-2-1997. 2. The petitioner was appointed as C.T. Teacher (BPS-9) and posted at Government…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492