1992 PLP (C (PLC(CS))
HABIBULLAH Versus SECRETARY, MINISTRY OF INTERIOR, ISLAMABAD and 2 others
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Federal Service Tribunal |
| Bench Members | Syed Ally Madad Shah, Chairman and Rana Rifat Saeed Member |
| Parties | HABIBULLAH Versus SECRETARY, MINISTRY OF INTERIOR, ISLAMABAD and 2 others |
| Primary Law | Per Rana Rifat Saeed (Member), (a) Civil Servants Act (LXXI of 1973), (b) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: Per Rana Rifat Saeed (Member), (a) Civil Servants Act (LXXI of 1973), (b) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, Per Syed Ally Madad Shah (Chairman) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the Federal Service Tribunal bench comprising: Syed Ally Madad Shah, Chairman and Rana Rifat Saeed Member.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (HABIBULLAH Versus SECRETARY, MINISTRY OF INTERIOR, ISLAMABAD and 2 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hafiz SA. Rahman for Respondents.
- Date of hearing: 20th January, 1992.
Headnotes / Summary
S. 11(1)
Termination of service within probation period
Termination order did not mention that services of civil servant were terminated under S. 11(l), Civil Servants Act, 1973 and within probation period
Civil servant's departmental appeal addressed to his department was not forwarded to Appellate Authority and same, was considered, decided and rejected by an officer not authorised to do so
No reasons had been assigned for terminating civil servant's service nor a requisite notice had been given, nor salary in lieu of notice was .paid
Order of termination was set aside in circumstances.
R. 21
Civil Servants Act (LXXI of 1973), S. 11
Termination of service during probation
Civil servant's services having been terminated during probation did not offend the provisions of R. 21, Civil Servants (Appointment, Promotion and Transfer) Rules, 1973
Termination of civil servant's service was, thus, in accordance with the provision of S. 11, Civil Servants Act, 1973, and no reasons were required to be recorded therefore
No element of mala fides or bias was pointed out in ordering termination of civil servant's services
Appeal was not competent in circumstances, though civil servant was entitled to his full emoluments for the notice period. Appellant in person.
Judgment & Decree
(a) Civil Servants Act (LXXI of 1973)
S. 11(1)
Termination of service within probation period
Termination order did not mention that services of civil servant were terminated under S. 11(l), Civil Servants Act, 1973 and within probation period
Civil servant's departmental appeal addressed to his department was not forwarded to Appellate Authority and same, was considered, decided and rejected by an officer not authorised to do so
No reasons had been assigned for terminating civil servant's service nor a requisite notice had been given, nor salary in lieu of notice was .paid
Order of termination was set aside in circumstances. (b) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973
R. 21
Civil Servants Act (LXXI of 1973), S. 11
Termination of service during probation
Civil servant's services having been terminated during probation did not offend the provisions of R. 21, Civil Servants (Appointment, Promotion and Transfer) Rules, 1973
Termination of civil servant's service was, thus, in accordance with the provision of S. 11, Civil Servants Act, 1973, and no reasons were required to be recorded therefore
No element of mala fides or bias was pointed out in ordering termination of civil servant's services
Appeal was not competent in circumstances, though civil servant was entitled to his full emoluments for the notice period. Appellant in person. Hafiz SA. Rahman for Respondents. Date of hearing: 20th January, 1992.