MUHAMMAD YAQOOB vs DISTRICT HEALTH OFFICER, MANSEHRA, N. W.F.P, And Another
This matter arises from a petition for leave to appeal against the termination of the petitioner's service as a Chowkidar in the Office of the District Health Officer, Mansehra. The petitioner was appointed in 1987, absorbed after probation, and subsequently had his services terminated in December 1992 following a conviction for rape resulting in a sentence of rigorous imprisonment for two years, which occurred when he was approximately fourteen years old and prior to his government service. The core legal question examined is whether an employee's service can be terminated based on a criminal conviction and sentence from the distant past occurring before entering service, without holding a proper departmental inquiry for misconduct. The Supreme Court granted leave to appeal to examine these contentions, holding that the matter warrants detailed consideration regarding the validity of such termination based on past juvenile conduct and the necessity of a formal inquiry.
- Can an employee's service be terminated on the ground of a criminal conviction that occurred in the distant past before entering government service?
- Is it mandatory to hold a proper departmental inquiry for misconduct before terminating an employee's service based on a prior criminal conviction?
ORDER
SAJJAD ALI SHAH, C.J.---It is submitted by the learned counsel for the petitioner that the petitioner was issued letter of appointment on 27th February, 1987 as Chowkidar in the Office of the District Health Officer, Mansehra. He was on probation for one year and thereafter, was absorbed in service. Subsequently, his services were terminated on 21st December, 1992 on the ground that he was convicted in a criminal offence of rape and was sentenced by the Court to R.I. For to years.
Learned counsel has submitted that this had happened a long the ago when the petitioner was hardly fourteen years old and was not in service. Further, if he had to be got rid of from service on the ground of misconduct, then proper enquiry should have been held and that ground of conviction and sentence in the distant past is not a good ground for termination of service. .
2. Leave is granted to examine the above contention.