Personal hearing

2015 PLC(CS) 342 PUNJAB-SUBORDINATE-JUDICIAL-SERVICE-TRIBUNAL Judicial Precedent

S. 5Constitution of Pakistan, Art.4General Clause Act (X of 1897), S.24-ATermination of service during probation period without assigning any reasonCivil Judge-cum-Judicial MagistrateNatural justice, principles ofPersonal hearingScope"No reason clause" of appointment letterScope

Adverse remarks were recorded in the appellant's First Annual Confidential Report, which were treated advisory in nature by the Administrative Committee

Authority before passing the termination order obtained a report from the Reporting Officer regarding the work and conduct of the appellant and two other probationers, which did not disclose any adverse material against the appellant

Effect

Contention of the appellant was that no material was available on the record, which had persuaded the Authority to pass the termination order

Plea of the Authority was that conditions of appointment, agreed to by the appellant, empowered the Authority to dispense with recording of any reason while terminating the services during the probationary period

Validity

Plea of the Authority that clause of the appointment order empowered the Authority to terminate the appellant without recording any reason was not tenable

Inclusion of "no reason clause" in the appointment letter did not mean that the authority had been entrusted with unfettered authority to terminate any judicial officer without any material on the record

Rationale behind the said clause was that on the basis of the material, the authority might pass the said order without assigning any reason, but if any of the affectee challenged that order, then it must be proved by producing the relevant record

Every employee had a Fundamental Right to be treated in accordance with law

Authority was under obligation to dispense justice fairly, justly and reasonably and to at least provide an opportunity of hearing before taking the extreme step of termination so that no one could be condemned unheard

Authority without any reason and legal justification had issued the termination order and failed to substantiate the said order

Termination order was set aside

Appeal was allowed in circumstances.

2014 PLC(CS) 29 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Art. 199Constitutional petitionTermination simpliciterNatural justice, principles ofPersonal hearingScopePetitioner's contractual appointment was terminated without giving any opportunity of personal hearingContention was that termination of petitioner was in violation of principles of natural justiceValidityPetitioner was not being stigmatized so the ground of violation of natural justice was insignificantRight of hearing was always to be linked by the merits of the case and was not a technical right

Constitutional petition was dismissed.