2019 PLP (C (PLC(CS)N)

MAILK HAQ NAWAZ, J.

Through this writ petition, the petitioners have prayed that they were appointed as inspector BS-14, Sub-Inspector BS-12 and ASI BS-09 respectively on against the clear vacant posts in Excise and Taxation Department Gilgit-Baltistan, but their services have been terminated without fulfilling the codal formalities and they deserve to be re-instead on their previous positions with all the back benefits.

2. The learned counsel referred and invited the attention of the Court to the letters No. Sec (R)-Admin (4)2012 dated 10-09-2012, office order Admin 3(5)/2010 and office order No. E&T/MRA/AST/11(14) / 2010 dated 01-07-2012, to substantiate his contention that the petitioners were appointed against the clear vacant posts and after fulfillment of all the legal/codal formalities. The termination of the services of the petitioners without any show-cause notice is against the natural Justice and fundamental rights of the petitioners. The learned counsel prayed that since the services of the petitioners have been terminated without any legal justification, the respondents played havoc with the career/future of the petitioners and their action be declared illegal/unwarranted and without lawful authority.

3. The Assistant Advocate General and learned legal advisor of Excise and Taxation Department submitted that the appointments of Excise and Taxation Department were made illegal and without observing the codal formalities and most of the appointment orders during inquiry were found fake and contained scanned signatures of officials of Excise and Taxation Department which were disowned by the respective officials. The appointments of 69 officials of Excise and Taxation Department were declared illegal by the order of Chief Secretary and later on 29 such appointments were also declared illegal. The case of the petitioners was of illegal appointment by the then Secretary Excise and Taxation Department Gilgit-Baltistan, who has now been released on bail after his detention in Jail over a period of 02 years. The learned Assistant Advocate General prayed that no case is made out in favour of the petitioners and the instant writ petition be dismissed in the interest of justice. The learned Dy. Advocate General relied on W.P. No.178/2016 titled Fakhar-e-Alam and 46 others v. Provincial of G-B through Chief Secretary and 07 others 21-12-2016 and Civil Appeal No.35/2017 in CPLA No. 95/2016 dated 29-10-2018 passed by Hon'ble Apex Court. We heard the parties and scanned the record of the case with due care and caution.

5. When the case of illegal appointments came to light, a high level inquiry was ordered to be conducted by the then Chief Secretary and inquiry officers after thorough secreting and recording the statements of all the concerned officials came to the conclusion that all the appointments in Excise and Taxation Department were result of manipulation and the appointments were made without observing the codal formalities. On recommendation of the inquiry committee, Chief Secretary Office vide letter No. CS-I&C-4(2)/2013 dated 27-01-2014, terminated 69 employees of Excise and Taxation Department and it also further mentioned in the above referred letter that services of 29 individuals who joined the department will be terminated in due course of time and the above posts were ordered to be advertised.

6. In view of above discussion, we are of the view that the appointments in Excise and Taxation Department were ordered by the officials of the concerned department without observing the codal formalities, which during a high level inquiry were declared illegal and the then Chief Secretary in the light of recommendation of inquiry committee ordered to terminate the services of the 69 and 29 such individuals. Secretary Excise and Taxation Department and Section Officer are facing trial in NAB Court Gilgit on the allegation of above illegal appointments. The appointments of the petitioners were even not owned by the officials of Excise and Taxation Department and it was alleged that their appointment orders were fake and their pay bills were also not genuine as evident from the comments submitted by the learned Assistant Advocate General. The cases of similar nature have been decided by this Court in Writ Petition No. 178/2016 dated 21-12-2016 and also by apex Court in Civil Appeal No. 35/2017 dated 29-01-2018.

7. We see no merit in the above writ petition, which is dismissed accordingly.

8. File be consigned to record after completion. ZC/241/GB Petition dismissed.