Pakistan Case Law
1996 SCMR 1205

KARACHI PORT TRUST through Chairman, Board of Trustee vs ALTAF AHMED

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Citation1996 SCMR 1205
CourtSupreme Court of Pakistan
Case No.Constitution Petition No,D-780 of 1991 Civil Petition for Leave to Appeal
Date1993-04-23
Judge(s)Shafiur Rahman, Abdul Qadeer Chaudhry and Saiduzzaman Siddiqui
Authored byShafiur Rahman
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition for leave to appeal against a High Court judgment that declared the termination of the respondent's employment by the Karachi Port Trust (KPT) to be without lawful authority. The respondent, a Deputy Chief Electrical Engineer, had his services regularized with advance increments, yet was subsequently terminated for unsatisfactory performance during an alleged probationary period. The Supreme Court examined whether the respondent could be treated as a probationer after his regular appointment and whether the termination procedure complied with established legal standards. The Court held that the respondent, having been appointed on a regular basis, could not be treated as a probationer. Furthermore, the Court affirmed that even if he were a probationer, the termination of his services for unsatisfactory conduct required adherence to proper show-cause procedures and an inquiry under the Efficiency and Discipline Rules. Consequently, the Supreme Court refused leave to appeal, upholding the High Court's decision that the termination was legally flawed. The judgment reinforces the principle that statutory employees cannot be summarily terminated without due process, particularly when their appointment has been regularized.

Questions settled in this judgment
  • Can an employee whose services have been regularized be subsequently treated as a probationer?
  • Is a show-cause procedure and inquiry mandatory before terminating a statutory employee for unsatisfactory conduct?
  • Does a Constitution petition lie against the termination of an employee whose appointment is governed by a statutory provision requiring Federal Government approval?
Laws & provisions referred
  • Section 24, Karachi Port Trust Act 1886
statutory employmenttermination of serviceprobationary perioddue processregularization of serviceEfficiency and Discipline Rulesshow-cause notice

ORDER

' SHAFIUR RAHMAN, J.---The Karachi Port Trust seeks leave to appeal against the judgment of the High Court of Sindh dated 25-4-1993 whereby the order of termination passed by the petitioner's Board and approved by the Federal Government as required under section 24 of the Karachi Port Trust Act was declared to be without lawful authority and of no legal effect. At the same time the petitioner was allowed to take action in accordance with law against the respondent No,1.

2. Section 24 of the Karachi Port Trust Act reads as hereunder:-- "24. Sanction of Commissioner when necessary.--Every order or regulation made by the Board in respect of Heads of Departments, or in respect of officers holding posts in the scale of which the maximum' is not less than eleven hundred rupees shall be subject to the previous approval of the Federal Government."

This made the employment of the respondent No,1 statutory as he fell within the prescribed category and as held in the Principal, Cadet College, Kohat and another v. Muhammad Shoab Qureshi (PLD 1984 SC 170) and Anwar Hussain v. Agricultural Development Bank of Pakistan and others (PLD 1984 SC 194) a Constitution petition was competent.

3. The respondent was, on the recommendation of the Placement Bureau, appointed ad hoc on 19- 8-1989. The Placement Bureau's instructions required that within 11 months all such ad hoc appointments had to be regularized. The petitioner regularized the services of the respondent No,1 allowing him six advance increments by Resolution No,1189 which was approved by the Federal Government on 8-3-1990. Finally a Resolution was passed by the Board on 7-3-1990 as hereunder:- - "The Board considered Agenda Item No,14 and sanctioned confirmation of Mr. Altaf Ahmed Hafiz, drawing Rs,5,360 per month in BPS-19 viz. Rs,4130--205--5770 as Deputy Chief Elect. Engineer (O&M) in the Mech. And Elect. Department, w,e,f, 30-4-1990.

' Sanction of Government to be obtained under section 24 of the K.U. Act."

On 1-4-1991 the Board passed another Resolution as hereunder:- "820. Resolution.--The Board considered Agenda Item No,20 and sanctioned the termination of services of Mr. Altaf Ahmad Hafiz, Deputy Chief Electrical Engineer, Mechanical and Electrical Department, Karachi Port Trust with immediate effect as his performance, work and conduct was found most unsatisfactory, during the period of probation, as recommended by the General Manager (Engineering) and agreed to by the Chairman.

' Sanction of the Federal Government to be obtained under section 24 of the Karachi Port Trust Act."

' It was approved, by the Government on 4-4-1991.

4. There are two legal defects in the departmental order. In the first place, a person having been appointed on regular basis with six advance increments could not be treated as a probationer and even if he was a probationer, unsatisfactory conduct could not be made the basis for terminating the probation without resorting to the show-cause procedure and an inquiry as required under the Efficiency and Discipline Rules. The alter position is affirmed by Muhammad Siddiq Javaid Chaudhry v. The Government of West Pakistan (PLD 1974 SC 393).

5. No ground is made out for leave to appeal which is hereby refused.

Cited by 12 cases

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