ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
C.P No.D- 2797 of 2015
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Date Order with signature of Judge
Present
Mr. Justice Muhammad Ali Mazhar
Mr. Justice Abdul Ghani Soomro
Faizan Akhtar ………..… Petitioner
V E R S U S
The Federation of Pakistan,
& another …………… Respondents
Date of hearing 08.08.2016
Petitioner is present a/w his counsel Syed Abrar Ahmed Bukhari advocate.
Malik Naeem Iqbal advocate for K.P.T.
Shaikh Liaqat Hussain Standing Counsel.
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Muhammad Ali Mazhar, J: Learned counsel for the petitioner argued that after appearing in the written test, interview and completing all codal formalities the petitioner was appointed to the post of ASI and he was directed to report to Manager Port. He further argued that the petitioner completed his probationary period of six months as envisaged in the appointment letter. The appointment letter of the petitioner is available at page 17 which was issued on 12.09.2012. Presently, the petitioner has challenged his termination letter dated 14.04.2015 available at page 11 and his learned counsel argued that this termination letter was issued without issuing any show cause notice and without providing any opportunity of personal hearing. He further argued that the termination letter has been issued with retrospective effect i.e. 11.11.2014 which is another illegality.
2. Learned counsel for the K.P.T invited our attention to the counter affidavit and he argued that petitioner was not confirmed employee and since he produced forged intermediate certificate, therefore, action was taken against him. However, he admits that neither any show cause notice was issued nor any opportunity of personal hearing was provided to the petitioner before issuing termination letter.
3. After hearing the arguments of learned counsel, we are of the view that before issuing termination letter, a show cause notice should have been issued with statement of allegations that petitioner produced forged intermediate certificate at the time of his appointment and in this regard fair opportunity of personal hearing must have been afforded to the petitioner to place on record his point of view regarding the alleged forged certificate. By consent, this petition is disposed of in the following terms:-
The termination letter dated 14.04.2015 is set aside. The Respondent management may issue show cause notice to the petitioner with the statement of allegations and fair opportunity will be provided to the petitioner to submit the reply and right of personal hearing will also be afforded to him, thereafter, speaking order will be passed by the competent authority. The question of back benefits if any will be subject to final outcome of the disciplinary proceedings. This exercise shall be completed within one (01) month.
JUDGE
JUDGE
Aadil Arab