Probationer

2020 SCMR 1401 SUPREME-COURT Judicial Precedent

S. 9(2)ProbationerDispensing of services without regular inquiry

When there was some sound reason in the mind of the competent authority that an employee who was serving in his or her probationary period was not suitable to be given permanent employment and his or her services needed to be dispensed with, then it mattered not if the competent authority expresses such reason without conducting a regular inquiry.

2020 PLC(CS) 1244 SUPREME-COURT Judicial Precedent

R. 9(2)ProbationerDispensing of services without regular inquiry

When there was some sound reason in the mind of the competent authority that an employee who was serving in his or her probationary period was not suitable to be given permanent employment and his or her services needed to be dispensed with, then it mattered not if the competent authority expresses such reason without conducting a regular inquiry.

2017 PLC(CS) 250 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Probationer

When services of any probationer were terminated on the basis of poor performance then he was not entitled for any show cause notice.

2017 PLC(CS) 250 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 15(3) & 43Punjab University Employees (Efficiency and Discipline) Statutes, 1975, Paras. 12, 15 & 17University employeeProbationerUnsatisfactory performanceTermination of serviceNon-statutory service rulesShow cause notice, issuance ofRegular inquiryEfficacious remedy

Petitioner-employee was appointed as Senior Medical Officer (Dental) in BS-18 in the University but during probation his service was dispensed with due to unsatisfactory performance

Contention of petitioner-employee was that Syndicate being the competent authority, no adverse order could be passed without its recommendation

Validity

Where nature of the rules governing terms and conditions of service of an employee were non-statutory, constitutional petition against order of Authority was barred

Rules/regulations governing terms and conditions of service of the employee of University were non-statutory

Action taken by the authority could not be considered as arbitrary, capricious or fanciful for exercise of constitutional jurisdiction in the present case

Authority which had power to appoint anybody enjoyed the power to proceed against an appointee under the relevant provisions of law

When services of probationer were terminated on the basis of poor performance then he was not entitled for any show cause notice

No show cause notice was required to be issued prior to proceedings against the petitioner-employee

Employee would acquire certain rights only after successful completion of probation period

Not only remedy of appeal or review but that of revision had also been catered for an aggrieved employee of the University

When remedy of appeal, review or revision had been provided then no one could be allowed to by-pass the same simply for the reason that same was not efficacious

Constitutional petition being not maintainable was dismissed in circumstances.

2016 PLC(CS) 155 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Termination from serviceProbationerRequirement of notice prior to terminating the services of a probationerTermination simplicterScope

Services of a probationer could be terminated without notice, in case of termination simpliciter but where there were allegations of misconduct or inefficiency levelled against the probationer, in such an eventuality, it was mandatory that the officer was put on notice and if there were allegations of inefficiency, misconduct or corruption, a probationer was required to be served with a notice, with the rationale being that any termination in the nature of dismissal or removal carried a stigma, hence the civil servant should be granted an opportunity to defend and wash away any slur and taint alleged against such a civil servant.

2015 CLC 1509 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Termination from serviceProbationerRequirement of notice prior to terminating the services of a probationerTermination simplicterScope

Services of a probationer could be terminated without notice, in case of termination simpliciter but where there were allegations of misconduct or inefficiency levelled against the probationer, in such an eventuality, it was mandatory that the officer was put on notice and if there were allegations of inefficiency, misconduct or corruption, a probationer was required to be served with a notice, with the rationale being that any termination in the nature of dismissal or removal carried a stigma, hence the civil servant should be granted an opportunity to defend and wash away any slur and taint alleged against such a civil servant.

2011 PLC(CS) 1242 SUPREME-COURT Judicial Precedent

Ss. 2(b) & 3Constitution of Pakistan, Art.185(3)ProbationerMisconductRemoval from service

Leave to appeal was granted by Supreme Court where petitioner had contended that even though he was a probationer since there were definite allegations of corruption or irregularity against him, he could not be removed without a proper inquiry.

2010 PLC(CS) 856 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Art.199Constitutional petitionScopeCivil ServiceProbationerTermination of service

Petitioner was on probation period and on the allegations of irregularities, malpractices and misappropriation of university funds, his services were terminated

Validity

Jurisdiction of High Court under Art.199 of the Constitution was discretionary and equitable in nature, which was to be exercised only to foster cause of justice and not to provide shield of technicalities to protect interest of litigants

Petitioner, according to the report of Inquiry Committee was found involved in some irregularities for which he could not offer any satisfactory reply

To avoid cumbersome procedure of inquiry, authorities intelligently opted for other course for relieving petitioner from their institution on the ground that his services were no more required by University, such course adopted by authorities was unexceptionable

Termination of service of petitioner during probation period was duly warranted by law and he was not entitled for any relief from High Court

Petition was dismissed in circumstances.

2009 SCMR 683 SUPREME-COURT Judicial Precedent

Ss. 2(b) & 3Constitution of Pakistan (1973), Art.185(3)ProbationerMisconductRemoval from service

Leave to appeal was granted by Supreme Court where petitioner had contended that even though he was a probationer since there were definite allegations of corruption or irregularity against him, he could not be removed without a proper inquiry.

2007 PLC(CS) 1033 SUPREME-COURT Judicial Precedent

Ss. 2-A & 4Constitution of Pakistan (1973), Art.212(3)Termination of serviceProbationerFailure to assign any reason for termination of service

Petitioner was employee of bank initially on contract basis, afterwards her service was regularized and she was on probation, when her service was terminated

Departmental appeal as well. as appeal before Service Tribunal were dismissed

Plea raised by petitioner was that her service could not be terminated without assigning any reason

Validity

Services of a probationer could be terminated or dispensed with at any time during the period of probation without assigning any reason in view of the settled law on the subject

No substantial question of law of public importance had been raised within the meaning of Art..212 (3) of the Constitution

Leave to appeal was refused.