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2022 PLC(CS) 985 PESHAWAR-HIGH-COURT

Case information

Citation
2022 PLC(CS) 985 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
PLC
Subject matter
Service

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

SHAHERYAR GUL VS The GOVERNMENT OF KHYBER PAKHTUNKHWA through Principal Secretary to Governor Khyber Pakhtunkhwa, Peshawar Termination of service---Departmental inquiry---Maxim "nemo debet esse judex in propriasua causa"---Applicability---Reinstatement with all back benefits---Petitioner was appointed as Computer Operator (BPS-12)---Department amended service rules and filled the post of Assistant Programmer (BPS-16) by promotion from Data Processing Supervisors (BPS-14)---Subsequently, posts of Computer Operator and Data Processing Supervisors had been upgraded from (BPS-12) and (BPS-14) respectively to (BPS-16)---Petitioner moved application for issuance of joint seniority list of Computer Operators and Assistant Programmers---New post of Assistant Director (IT) (BPS-17) was created by the Department and only cadre of Assistant Programmer was allowed for promotion to the said post---Petitioner filed departmental appeal followed by constitutional petition, and during pendency of said petition, department issued show-cause notice to the petitioner which was replied by petitioner, yet he was removed form service---Validity----Petitioner vide his reply (to show-cause notice of the department) denied all the allegations, but respondent/department imposed major penalty of removal from service upon the petitioner without holding regular inquiry---Reasons for not holding inquiry as given by the department was against the intent of law and principles of natural justice---Order of removal was not only biased but also predetermined and was contrary to the basic principles of jurisprudence---"Nobody could be the judge of his own cause"---Respondent/department issued show cause notice to petitioner alleging therein that he maligned the Office of Ombudsman particularly the department---On reply filed by the petitioner, department without holding inquiry imposed upon him major penalty of removal form service---Constitutional petition was allowed, in circumstances and petitioner was reinstated into service with all back-benefits. Head Notes

Other judgments reported in 2022 PLC

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