IQRA SALIM vs GOVERNMENT OF KHYBER PAKHTUNKHWA Termination from service — 2021 PLC(CS) 936 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 PLC(CS) 936 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: PLC
Parties: IQRA SALIM vs GOVERNMENT OF KHYBER PAKHTUNKHWA Termination from service
Subject matter: Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

IQRA SALIM VS GOVERNMENT OF KHYBER PAKHTUNKHWA Termination from service---Major penalty imposed on a petty allegation without affording opportunity of being heard---Allegation against petitioners (medical officers) was that they both, instead of marking their respective attendance by themselves, handed over their RFID card to another employee who was caught while swiping the said RFID cards ---Petitioners contended that they by reaching the hospital preferred to attend critically ill patients coming across them---Validity---Record revealed that an inquiry committee was constituted, but after the termination of petitioners---Report of said committee showed that both the petitioners were present on their duties---Petitioners, being medical officers in emergency department, keeping in view the requirement and demand of their profession might have prudently given preference to rescue the life of serious patient(s) instead of marking their attendance themselves---Even competent authority could not deny presence of the petitioners on the duty ---Awarding of major penalty (i.e. termination from service) on a petty matter of not marking attendance by petitioners themselves, that too, without following the codal formalities, expressed mala fide and bias on the part of the competent authority against the petitioners---Flimsy termination orders , without bona fide, were passed but neither any notice for explanation nor any opportunity of hearing/defence was afforded to the petitioners---High Court set aside impugned termination orders declaring the same as illegal, unlawful and void ab initio, and reinstated the petitioner into service with all back benefits---Constitutional petition was allowed, in circumstances.

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