Law:

Section:

North West Frontier Province Medical Institutions Rules, 2001--- ----R. 10---Constitution of Pakistan (1973), Art. 185(3)---Repatriation to parent department---Probation period---Deputation abroad----Respondent was lecturer in. Khyber College of Dentistry and on 21-8-2000, he was provisionally appointed as Assistant Professor Dentistry in Ayub Medical College----Respondent was to undergo probation for a period of two years, which could be extended for another one year---On 11-1-2002, -Respondent availed ex-Pakistan leave without pay for a period of 730 days and went abroad but on 27-7-2002, Authorities of Ayub Medical College repatriated him to his parent department---Such act of the Authorities was set aside by High Court in exercise of Constitutional jurisdiction---Validity---No provision existed in law that period of probation could either be suspended or postponed or extended beyond the period of three years----Respondent was employee of Ayub Medical College, on completion of his three years of service, his deputation abroad was allowed by Ayub Medical College and no fault or default of -Respondent was found during the period of first three years of his service---Government employees already posted to Institution, under R.10 (1) of North West Frontier Province Medical Institutions Rules, 2001, would continue to work as civil servants till retirement, if they had not opted for absorption in service of the Institution---Before termination of service of -Respondent with Ayub Medical College and his repatriation to Government of North West Frontier Province, it was incumbent upon the Authorities to hold 911 inquiry to ascertain the fault, if any, committed by -Respondent---On the contrary, entire action was taken unilaterally without affording any opportunity of being heard which was not only against the principles of natural justice but also against the settled norms of service laws/rules prescribed for all Institutions of same nature through North West Frontier Province Medical Institutions Rules, 2001---Judgment passed by High Court was based on valid and sound reasons and was entirely in consonance with the law laid down by Supreme Court---Neither there was…

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