THE DEPUTY REGISTRAR, COOPERATIVE SOCIETIES, PESHAWAR DIVISION And Another vs FARMAN ALI
This matter concerns a petition for leave to appeal filed by government functionaries against a judgment of the N.-W.F.P. Service Tribunal, which had reinstated the respondent in service with back benefits. The respondent was initially appointed as a Sub-Inspector in the Cooperative Societies Department but was subsequently terminated on grounds of illegal absence from field training. The core legal question was whether the termination of the respondent, who was purportedly on probation, was legally sustainable. The Supreme Court observed that even if the respondent were on probation, the termination order was fundamentally flawed. The Court noted that the termination order erroneously referred to the respondent as a 'candidate,' a status not recognized by the applicable service rules. Furthermore, the Court held that the termination procedure violated established legal principles regarding the removal of probationers, as articulated in previous Supreme Court precedents. Consequently, the Court found the termination order unsupportable in law due to a clear unawareness of the applicable service rules. The Supreme Court upheld the Service Tribunal's decision and refused to grant leave to appeal.
- Can a government employee be terminated on the basis of being a 'candidate' when the service rules do not provide for such a status?
- Is the termination of a probationer valid if it fails to comply with established legal principles regarding the removal of service personnel?
- Does a service tribunal have the authority to reinstate an employee if the initial termination order is found to be legally unsupportable?
- West Pakistan Co-operative Department Subordinate Service (Men's Section) Rules, 1962
ORDER
SHAFIUR RAHMAN, J.--The two functionaries of the Government, seek leave to appeal against the judgment of the N.-W.F.P. Service Tribunal dated 23-7-1989 whereby the respondent was reinstated in service alongwith back benefits.
2. The letter of appointment of the respondent which issued under the signatures of petitioner No.1 on 2nd of February, 1988, reads as hereunder:-- "Mr. Farman Ali, son of Khanimullah, village Mohib Banda P.O. Mohib Banda, Tehsil and District Mardan is hereby offered the post of Sub-Inspector in this Department in BPS No.5 (Rs.700-25- 1,200) with usual allowances admissible under the rules, against the vacant post in Mardan District.
If he accepts the above offer he should report to the Assistant Registrar, Cooperative Societies, Mardan for further action."
3. Another order was issued by the same Officer on 13th October, 1988 which is as hereunder:- "As reported by Assistant Registrar, Cooperative Societies, Mardan regarding your illegal absence from field Training since 31-5-1988, this office order issued under No.321-23/DRP, dt:2-2-1988 is hereby withdrawn and your candidature in the Department is also terminated."
4. The respondent challenged successfully this order before the Service Tribunal.
5. The learned Additional Advocate-General, in support of the Petition contended that under the.
West Pakistan Co-operative Department Subordinate Service (Men's Section) Rules, 1962, all persons recruited initially, have to remain on probation for a period of two years and it was during this period of probation that the appointment of the petitioner was terminated. Even if this fact be accepted that the respondent was on probation, the action taken cannot be defended in view of the decision of this Court in Muhammad Sidiq Javid Chaudhry v. The Government of West Pakistan (PLD 1974 SC 393). There appears to be another basic defect in the order that his services have been terminated taking him to be a candidate. The letter of appointment does not show that he was appointed as a candidate and the rules of service do not make a provision for a candidate.
There was, it appears a clear unawareness of the rules, applicable to the respondent. In either case the action has rightly been taken by the Service Tribunal to be unsupportable in law and no case for leave to appeal is made out. Hence, leave to appeal is refused.
Cited by 4 cases
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- Ch. MUHAMMAD HUSSAIN NAQSHBANDI vs GOVERNMENT OF THE PUNJAB and others 2003 PLC (C.S.) 1421
- Ch. MUHAMMAD HUSSAIN NAQSHBANDI Versus GOVERNMENT OF THE PUNJAB 2004 SCMR 44
- LIAQAT ALI SHAHID, EX-CIVIL JUDGE, BHALWAL vs GOVERNMENT OF THE PUNJAB through Chief Secretary, Punjab, Lahore 1999 PLC (C.S.) 334