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Petitioner: AMIR AHMED VS Respondent: SECRETARY, FINANCE DIVISION, ISLAMABAD
1992 P L C (C
1992 P L C (C.S.) 1076
[Supreme Court of Pakistan]
Present: Saad Saood Jan and Muhammad Afzal Lone, JJ
AMIR AHMED
versus
SECRETARY, FINANCE DIVISION, ISLAMABAD and another
Civil Appeal No. 151 of 1990, decided on 26th April, 1992.
(On appeal from the judgment/order of Federal Service Tribunal, Islamabad, dated 16-11-1989 in Appeal No. 190-R of 1988)
(a) Civil Servants Act (LXXI of 1973)---
----S. 11(1)(i)---Constitution of Pakistan (1973), Art. 212(3)---Civil servant still on probation---Termination of service---Leave to appeal was granted to consider question as to whether during the probation period civil servant was entitled to the show-cause notice before an adverse action was taken against him.
Muhammad Siddiq Javid Chaudhry v. Govt. of West Pakistan PLD 1974 SC 393 ref.
(b) Civil Servants Act (LXXI of 1973)---
----S. 11 (1)(i)---Civil servant on probation by a letter was asked to report for duty at a training institute and this letter was sent at three different addresses where he could possibly be found yet he did not care to comply with or even acknowledge the letter that he had received same---Competent Authority, under S. 11(1)(i), Civil Servants Act, 1973 was competent to terminate the services of civil servant on probation without notice---Considering the conduct of the civil servant, the power vesting in the competent Authority under S.11(1)(i) did not appear to have been unjustifiably exercised.
Asif Hussain Siddiqui, Advocate Supreme Court instructed by Mr. Manzoor Elahi, Advocate-on-Record for Appellant.
Ch. Ijaz Ahmad, Deputy Attorney-General instructed by Mr. Imtiaz M. Khan, Advocate-on-Record for Respondent.
Date of hearing: 26th April, 1992.