Law:

Section:

Constitution of Pakistan (1973)-------Art. 212(3)---Termination of service---Principles of natural justice---Condemned unheard---Non-issuance of show-case notice---Authorities terminated services of their employee for the reasons that his appointment was on political considerations and in disregard of rules---Service Tribunal reinstated the employee as no show-cause notice was issued to him---Plea raised by the authorities was that as the appointment was on political considerations and in violation of rules, non-issuance of show-cause notice was not sufficient to set aside the order of termination---Validity---No one should be condemned unheard and if order adverse to the interest of a person was passed behind his back and without providing him opportunity of hearing such order was illegal---In absence of specific rules governing service of a person in an organization an incumbent of a post in that organization, before any action was taken in respect of his terms and conditions of service, he was entitled to the right of hearing in the light of principles of natural justice---Instead of straightaway termination of the service of the employee, proper course for the authorities was to issue him show-cause notice and to conduct inquiry to ascertain the question of his fitness to retain him in service---Order of termination of service passed in departure from the rules of service of the organization and in violation of the principles of natural justice, rendered it illegal and no exception could be taken to the of Service Tribunal by virtue of which, the order of termination of service of employee was set aside and he was reinstated in service---Supreme Court declined to interfere in the passed by the Service Tribunal---Leave to appeal was refused. Muhammad Afzal v. Karachi Electricity Supply Corporation Civil Appeal No.1913 ofr1997 ref. Javed Latif, Advocate Supreme Court and Sh. Salahuddin, Advocate-on-Record for Petitioner. Jehanzaib Bharwana, Advocate Supreme Court for Respondent. Date of hearing: 1st December, 2004. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---Pakistan International Airlines Corporation, petitioner herein, has sought leave to appeal through this…

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