P L D 1993 Supreme Court 195 (PLP)

Vol. XLV WALI MUHAMMAD KHAN, J.‑‑Nasrullah Khan, appellant, through leave of the Court, has challenged the judgment dated 26‑11‑1990 of the N.‑W.F.P. Service Tribun4 whereby the appeal of the appellant against tife order of his dismissal from service, was dismissed. The leave granting order is as follows:‑‑ "Qazi Muhammad Anwar, learned counsel for the petitioner argued with vehemence that the petitioner had put in four years' continuous service firstly as Chowkidar and then as a Driver without any complaint from any quarter, and that his removal from service without affording him an opportunity of being heard soon after his arrest in a criminal case is violative of the principles of natural justice. He added that the criminal case was an unfortunate sudden affair and has since been patched up. According to him, though initially recruited as a temporary employee, on completion of statutory probation period of his service the petitioner was deemed to have been regularised in service and could not be punished without observing proper procedure prescribed by law. In view of the submissions made above, leave is granted to consider whether the petitioner could be summarily removed from service without proper enquiry and affording him an opportunity of being heard under the principles of natural justice." We have heard Qazi Muhammad Anwar, Senior Advocate, for the appellant; Mr. M. Sardar Khan, Advocate‑General, N.‑W.F.P., for the respondents; and have perused the record of the case. Admittedly, the appellant was a temporary employee and on his involvement in a criminal case under section 307, P.P.C. followed by his arrest, he was suspended from service on 2‑10‑1988 and his services were terminated on 16‑10‑1988. His application for reinstatement could not succeed and therefore, he approached the N.‑W.F.P. Service Tribunal for redress through an appeal which too, was dismissed vide the impugned order. The learned counsel for the appellant submitted that on completion of probationery period his service had automatically regularised and he could not be removed from service without proper show‑cause notice and inquiry as ordained in the N‑.W.F.P. Civil Servants (Efficiency and Discipline) Rules. We are afraid, the contention has no force. There is no provision in the Civil Servants Act, 1973 regarding automatic confirmation of the temporary E3 employees, as the Authority concerned has to. certify the successful completion of probation period before specific order regarding confirmation of the employee is passed to convert the nature of the employment from temporary to regular one. There being no such order, the appellant continued to be a temporary employee and his services were liable to termination on 14 days' notice or pay in lieu thereof under section 11, subsection (3) of the N.‑W.F.P. Civil Servants Act, 1973. Resultantly, there is no legal error in the impugned judgment of the N.‑W.F.P. Service Tribunal and the instant appeal is accordingly dismissed. M.BA./N‑324/S Appeal dismissed.