1989 PLP 1458 (SCMR)
GOVERNMENT OF N.‑W.F.P. and others Petitioners Versus NAMROZ KHAN Respondent
| Citation | 1989 PLP 1458 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, Usman Ali Shall and Ali Hussain Qazilbash,JJ |
| Parties | GOVERNMENT OF N.‑W.F.P. and others Petitioners Versus NAMROZ KHAN Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1989 PLP 1458 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1458 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, Usman Ali Shall and Ali Hussain Qazilbash,JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1458 (SCMR) (GOVERNMENT OF N.‑W.F.P. and others Petitioners Versus NAMROZ KHAN Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian MAjmal, Additional Advocate‑General N.‑W.F.P. and Noor Ahmad Khan, Advocate‑on‑Record for Petitioners.
- Nemo for Respondent.
- Date of hearing: 15th April, 1989.
Headnotes / Summary
(On appeal from the judgment and order, dated 26‑5‑88 of the N.‑W.F.P. Service Tribunal, passed in Appeal No.7 of 1988). ‑‑‑Art.212(3)‑‑Order of termination of service was set aside by Service Tribunal while allowing back benefits to the civil servant‑‑Leave to appeal was granted to the Provincial Government against order of the Tribunal to examine the contentions that posting of the respondent was purely on temporary basis; his services could be terminated any time without assigning any reason or notice; his termination from service was not punishment but was because of his own conduct; in view of his appointment letter he was not entitled to a detailed enquiry against him but in spite of that all legal formalities were observed and these facts were ignored by the Service Tribunal.
Judgment & Decree
UMSAN ALI SHAH, J.‑‑Leave to appeal is being sought by the petitioners against the order of the N.‑W.F.P. Service Tribunal, dated 2G‑5‑1988. The respondent was initially appointed as cleaner against a purely temporary vacancy on 15th October, 1980 in the FATA Forest Division, Peshawar. He had applied for 5 days leave w.e.f. 4‑9‑85 to 8‑9‑
85. He extended the said leave twice for more 40 days on medical ground on production of a medical certificate along with his application. He reported to his duties on 22‑10‑1985. He again absented himself from duty from 1‑1‑86 to 23‑3‑
86. He was referred to a Standing Medical Board for proper check up. The Board declared that the respondent was suffering from Schaze and opined that he is fit to continue in service subject to the treatment. On 27‑9‑87 to 12‑8‑87 the respondent again absented himself from duty without giving any information to the authorities. On the basis of his absence, he was terminated from service by the D.F.O. His representation to the Conservator and subsequent appeal against his termination were rejected, vide order, dated 12‑12‑1987. He then went in appeal before the N.-W.F.P. Service Tribunal. The learned Chairman and Member of the Tribunal accepted his appeal, set aside the order, dated 12‑12‑1987 of his terminal in_and allowed him all the back benefits, vide impugned judgment. The learned counsel for the petitioners was heard in detail. He urged before us that the post of the respondent was purely on temporary basis, he could be terminated any time without assigning any reason or notice and his termination from service was not a punishment but in view of his own conduct he was so terminated. The learned counsel further urged that in view of his appointment letter he was not entitled to a detailed enquiry against him but in spite of that all legal formalities were observed while terminating his services. This fact was ignored by the learned Tribunal while accepting the appeal of the respondent. We think that the question raised by the learned counsel in this petition requires examination of this Court. Leave to appeal is therefore granted. The appeal may be made ready for hearing on the present record with Permission to the parties to file additional documents, if they so desire. M.B.A./G‑183/S Leave granted.