AMIR AHMAD vs SECRETARY, FINANCE DIVISION, ISLAMABAD and another
This matter involves a petition for leave to appeal arising from the termination of the petitioner's services as an Assistant Director, Industries and Mineral Development, during his probation period on the grounds of unsatisfactory performance and conduct. The core legal question is whether a civil servant undergoing probation is entitled to a show-cause notice prior to the termination of services for unsatisfactory performance. The Supreme Court of Pakistan held that the point raised regarding the entitlement to a show-cause notice during probation requires formal examination. Consequently, leave to appeal was granted to the petitioner to review the legality of the termination action in light of established precedents concerning probationary civil servants.
- Whether a civil servant on probation is entitled to a show-cause notice before termination of service for unsatisfactory performance?
- Does unauthorized absence and medical fitness during training justify termination during the probationary period?
ORDER
' ABDUL QADEER CHAUDHRY, J.---The petitioner was serving as Assistant Director, Industries and Mineral Development. The petitioner while working in such capacity qualified the Central Superior Services Examination. He was allocated Accounts Group. During his stay in the Academy, the petitioner applied to the Federal Public Service Commission for a competitive Examination in 1984 to be able to be placed in a better Group. The Federal Public Service Commission found that the petitioner was not entitled to take the said examination as he was not eligible to a fourth chance and called for the explanation of the petitioner.
' The petitioner was reported as absent unauthorisedly from 15 to 21-6-1985 during his military attachment. According to the petitioner, he fell seriously ill and got mental ailment and when he was declared mentally clear he furnished a medical certificate. On 19-6-1988, the services of the petitioner were terminated on unsatisfactory performance and conduct during the probation period.
2. The grievance of the petitioner is that no show-cause notice was served upon the petitioner before terminating his services. The learned counsel for the petitioner has submitted that during the probation he was entitled to the show-cause notice before an adverse action is taken against him. He has relied upon Muhammad Siddiq Javid Chaudhry v. Government of West Pakistan PLD 1974 SC 393.
3. The point raised by the learned counsel requires examination. Leave is granted.
' The appeal to be prepared on the present record with the liberty to the parties to file additional document if they so desire.