MUHAMMAD MUSA vs PROVINCIAL GOVERNMENT S — 2024 PLC(CS) 1536 GILGIT-BALTISTAN-SERVICE TRIBUNAL

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MUHAMMAD MUSA VS PROVINCIAL GOVERNMENT S. 10---Gilgit-Baltistan Civil Servants (Efficiency and Discipline) Rules, 2011, R. 4---Termination from service---Recommendation of the inquiry committee, misconstruing of---Effect---Whether the recommendation of the inquiry committee was termed to be a termination order---Held, that record revealed that recommendation of the inquiry committees could not be termed as termination of service of the appellant as no specific order of termination of service of the appellant was issued in pursuance of the inquiry committee recommendation---Both the said committees had merely recommended that the order of the appellant might be considered cancelled, meaning thereby, the said committee had accepted the appointment of the appellant after the completion of codal formalities, therefore, there should be a clear speaking order with regard to termination of service of the appellant and no such order was available on record---Hence, in the absence of any termination letter, the recommendation of the inquiry committee could not be accepted as a legal instrument---Pertinently, all the documents rested in favor of the appellant as well as the recommendations of the inquiry committee wherein the Committee had recommended for release of salary of the appellant and to adjust him in any vacant post and in the absence of any specific termination order in written form with reason, the appellant would be deemed to have been in service and his service was not terminated in the eyes of law---Thus, the recommendation of the inquiry committee was not termed to be a termination order ---Service Tribunal restored the appellant in service while treating the intervening period as leave without pay---Appeal was allowed accordingly.

MUHAMMAD MUSA vs PROVINCIAL GOVERNMENT S — 2024 PLC(CS) 1536 GILGIT-BALTISTAN-SERVICE TRIBUNAL

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