Law:

Section:

(a) Sindh Judicial Services Rules, 1994-------R. 9---Sindh Service Tribunals Act (XV of 1973), Ss.3-B & 4---Dispensing with services during probationary period---Appeal---Appellant was appointed as Judicial Magistrate on terms and conditions regulated by Sindh Civil Servants Act, 1973 and Sindh Judicial Services Rules, 1994---During probationary period of appellant, her services were dispensed with on account of unsatisfactory conduct---Representation of appellant having been rejected by competent Authority, appellant had filed appeal contending that no material was available to prove the unsatisfactory performance by appellant during probationary period and that impugned order was passed without issuing any show-cause notice or affording opportunity of hearing to appellant which was against the principles of natural justice---Validity---Appellant was a probationer having been appointed against substantive vacancy---Under provisions of sub-rule (2) of R.9 of Sindh Judicial Service Rules, 1994, if the work or conduct of a member of the service during the period of probation was found to be unsatisfactory, his services could be dispensed with---If a probationer was terminated from service on account of unsatisfactory work and conduct, he would not be entitled to any show-cause notice and/or hearing---If action of removal from service was contemplated in consequence of certain allegations constituting misconduct, causing stigma or blot on the career of a civil servant, the Authority was under legal obligation to serve a show-cause notice on her to afford her a proper and reasonable opportunity of defence---Impugned order had clearly shown that the action was taken against appellant on account of unsatisfactory performance---No stigma or blot in circumstances was caused to appellant---Order of termination of appellant impugned in appeal, being legally valid, would not call for interference. 1991 SCMR 400; 2004 PLC (C.S.) 792; 2000 PLC (C.S.) 886; 1998 PLC (C.S.) 1402 and Muhammad Siddiq Javaid Chaudhry v. The Government of West Pakistan PLD 1974 SC 393 distinguished. (b) Words and phrases--- --"Probation", defined and explained. Abrar Bukhari for Appellant.…

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