Tuesday 28 August 2012

Can a civil servant be terminated?




  Citation Name  : 2011  PLC  942     SUPREME-COURT
  Side Appellant : DISTRICT COORDINATION OFFICER, DISTRICT DIR LOWER
  Side Opponent : ROZI KHAN
                       
                        Art. 212(3)---termination /withdrawal of appointment of civil servant---Civil servants, in the present case, were qualified and their appointments were made by the competent authority after observance of due process of law---No proper inquiry, such as issuing of charge-sheet/statement of allegations, show-cause notice, had been issued to the civil servants while terminating/withdrawing their services---Judgment of the Service Tribunal was based on valid and sound reasons and was entirely in consonance with the settled law---Neither there was misreading, nor misconstruction of facts and law was found in the said judgment of Service Tribunal---Any irregularity, whatsoever, if committed by the appointing department itself, the appointee could not be harmed, damaged or condemned subsequently when it occurred to the department that it had itself committed some irregularities qua any appointment---Petition for leave to appeal by the department was dismissed by the Supreme Court, in circumstances.

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