Jamshed Yousaf And Other vs NOT
This matter comprises consolidated civil petitions arising from an impugned judgment of the Federal Service Tribunal, which dismissed the petitioners' appeals against the termination of their services. The core legal question addressed is whether a show-cause notice or an inquiry is mandatory prior to terminating the services of an employee serving as a probationer when the terms of appointment permit termination without notice. The Supreme Court held that the service of a probationer can be validly terminated during the probationary period in accordance with the conditions of the appointment letter without the necessity of a show-cause notice or an inquiry. The key principle laid down is that the termination of a probationer governed by a specific contractual condition allowing termination without notice does not require formal inquiry proceedings or a show-cause notice.
- Whether a show-cause notice is necessary before terminating the service of a probationer?
- Can the service of a probationer be terminated during the probationary period without holding an inquiry?
- Does termination under a specific condition of an appointment letter allowing termination without notice suffer from any legal infirmity?
KARAMAT NAZIR BHANDARI, J.- By this consolidated judgment, we intend to dispose of Civil Petitions Nos. 720-L to 722-L of 2000, as they arise from the same impugned judgment, dated 21.2.2000 of the Federal Service Tribunal, Lahore (hereinafter to be referred to as "the Tribunal") and involve common questions of fact and law.
2. Admittedly the petitioners were working as probationers when their services were terminated on 13.8.1996. This termination was under condition No. ' (ii)' of the appointment letters. The termination was challenged within the department and then before the Service Tribunal, but without success.
The Tribunal held that no show-cause notice nor any inquiry was necessary before terminating the service of a probation.
3. Learned counsel for the petitioners has repeated the same argument before us. He however, has not disputed that one of the conditions in the letter of appointment was that during the period of probation the service can be terminated 'without notice. We therefore, find to infirmity in the impugned judgment.
4. These petitions are hereby dismissed and leave is declined.