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Petitioner: ABDUL MAJEED VS Respondent: SECRETARY TO GOVERNMENT OF N: W.F.P. EDUCATION DEPARTMENT, PESHAWAR
1992 P L C (C
1992 P L C (C.S.) 936
[Service Tribunal N-W.F.P.]
Before Muhammad Siddique Khattak and Taj Muhammad Khan, Members
ABDUL MAJEED
Versus
SECRETARY TO GOVERNMENT OF N.W.F.P. EDUCATION DEPARTMENT, PESHAWAR and another
Appeal No. 146 of 1989, decided on 9th October, 1990.
(a) Civil service---
----Re-appointment---Civil servant duly appointed, was dismissed from service on account of conviction in criminal case against him---Later on free pardon was given to him and disability for his fresh employment was also removed-- fresh appointment of civil servant which was made in relaxation of all rules including his appointment without recommendations of Public Service Commission and his upper age limit, was objected to contending that Public Service Commission was not consulted and no relaxation in upper age limit was obtained before making appointment of civil, servant and that no precedent existed where Government servant in BS-17 and above had been appointed on regular basis in relaxation of rules and bypassing selection process of Public Service Commission---Contentions were repelled holding that it was not first appointment of civil servant and he had already gone through process of selection by Public Service Commission when he was first appointed---When once suitability of civil servant was assessed by Public Service Commission and he was recommended for appointment, there was hardly any need of consulting Public Service Commission on appointment in same scale and against a similar post---In absence of any other charge against civil servant on basis of which Public Service Commission could reassess his suitability and his appointment having been made on regular bass, civil servant was exempted from appearing for second time before Public Service Commission for assessment of his suitability and by implication relaxation in. upper age limit was, also accorded.
(b) Civil service---
--Termination of service---Termination (Removal) of service of civil servant, was a major penalty for which procedure laid down in relevant rules, should have been followed---Nothing was on record to show that before: termination of service of civil servant, a show-cause notice was given to him---No reason, whatsoever, were indicated in termination order of civil servant nor he was given any opportunity of personal hearing---Civil servant having been condemned un-heard, which was violation of principles of natural justice, order of terminating services of civil servant, could not sustain.
Adam Khan for Appellant.
Said Bashar Khan, Government Pleader for Respondents.