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Petitioner: PROVINCE OF PUNJAB VS Respondent: MUHAMMAD AZAM KHAN
1988 S C M R 1682
1988 S C M R 1682
Present: Ghulam Mujaddid Mirza and Saad Saood Jan, JJ
PROVINCE OF PUNJAB through Chief Secretary to Government of Punjab and 2 others‑‑Petitioners
versus
MUHAMMAD AZAM KHAN, A.S. I. ‑‑Respondent
Civil Petition No.192 of 1981, decided on 5th July, 1988.
(From the order dated 10‑12‑1980 of the Punjab Service Tribunal in Appeal No.387/298 of 1978).
Punjab Civil Servants Act (VIII of 1974)‑
‑‑‑S.10‑‑Constitution of Pakistan (1973), Art. 212(3)‑‑Termination of service‑‑Temporary employee‑‑Service Tribunal set aside order of termination and directed his reinstatement on ground that his services were terminated by incompetent authority‑‑Leave to appeal granted to examine plea that impugned order was passed by same authority which had appointed him and Tribunal was not right in holding that order of termination of services was passed by an incompetent authority.
Khalil Ramdey, Advocate‑General, Punjab and Muhammad Abdullah Bajwa, Advocate Supreme Court with Ejaz Ahmad Khan, Advocate‑on‑Record for Petitioners.
Rana M.A.Qadri, Advocate‑on‑Record for Respondent.
Date of hearing: 5th July, 1988.
ORDER
SAAD SAOOD JAN, J.‑‑By an order dated 19‑5‑1977 the respondent was appointed as Assistant Sub‑Inspector of Police in Multan Range on temporary basis. His services were terminated by an order dated 4‑9‑1977. After departmental representations which remained unsuccessful he filed an appeal before the Punjab Service Tribunal. The learned Tribunal accepted the appeal and directed his reinstatement on the ground that his services had been terminated by an incompetent authority.
2. In support of this petition it is contended that the appointing authority of the petitioner was the Senior Superintendent of Police who had also issued him the letter of appointment. The order of termination of his services was also made by the Senior Superintendent of Police. In the circumstances, the Tribunal was not right in hold in that the order of termination of services was passed by an incompetent authority .
3. The contention raised in support of this petition needs examination. Leave to appeal is granted. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any, within two months. The appeal may be fixed for hearing before the close of the present year.
M.I./P‑49/S Leave granted.