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Petitioner: HABIBULLAH VS Respondent: SECRETARY, MINISTRY OF INTERIOR, ISLAMABAD
1992 P L C (C
1992 P L C (C.S.) 726
[Federal Service Tribunal]
Present: Syed Ally Madad Shah, Chairman and Rana Rifat Saeed Member
HABIBULLAH
Versus
SECRETARY, MINISTRY OF INTERIOR, ISLAMABAD and 2 others
Appeal No. 130(R) of 1991, decided on 26th January, 1992.
Per Rana Rifat Saeed (Member)--
(a) Civil Servants Act (LXXI of 1973)-
----S. 11(1)---Termination of service within probation period---Validity---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.
Per Syed Ally Madad Shah (Chairman)--
(b) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973---
----R. 21---Civil Servants Act (LXXI of 1973), S. 11---Termination of service during probation---Validity---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.