ABDUL HALEEM SHAHID vs INSPECTORGENERAL OF POLICE, PUNJAB and 2
This petition for leave to appeal challenges an order of the Punjab Service Tribunal which upheld the termination of the petitioner's services as an Assistant Sub-Inspector (A.S.I.). The petitioner was appointed on the condition of undergoing and qualifying in a prescribed training course at the Police Training College, Sihala. Upon failing the initial examination, the petitioner was permitted to retake the examination in the next term; however, the Inspector-General of Police subsequently dispensed with his services, determining there was no justification for the petitioner to undergo further training. The core legal question was whether the termination was lawful given the petitioner's failure to satisfy the mandatory qualification criteria for the post. The Supreme Court held that since qualifying the examination was a strict pre-condition for retention in service, the termination was justified. The Court affirmed the principle that failure to meet mandatory service qualification requirements constitutes valid grounds for the termination of employment, and consequently dismissed the petition for lack of merit.
- Is the failure to qualify in a mandatory police training examination a valid ground for the termination of an A.S.I.'s services?
- Can a service appointment be terminated if the appointee fails to meet the pre-conditions for retention in service?
ORDER
' ALI HUSSAIN QAZILBASH, J.--This is a petition for leave to appeal against the order of the Punjab Service Tribunal, dated 17-2-1986.
2. The petitioner was appointed as an A.S.I. In 1983 and he was to undergo the prescribed course of training at Police Training College, Sihala. The petitioner did undergo the training but failed to qualify in the examination. He was, however, allowed to take the full examination in the next term but as soon as this came to the notice of the Inspector-General of Police he dispensed with his services on the ground that there was no reason to undergo training for the next term and to take part in the examination. This order was passed on 22-11-1984. The appeals of the petitioner before the Inspector-General of Police and the Punjab Service Tribunal were dismissed.
3. We have heard the learned counsel for the petitioner and have gone through the judgment of the Service Tribunal. Since the petitioner did not qualify A in the examination which was a pre- condition for his retention in service, therefore, his services were rightly terminated. Thus there is no force in this petition and the same is dismissed.