Hafiz SALMAN AHMED vs BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, SAHIWAL Ss

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Hafiz SALMAN AHMED VS BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, SAHIWAL Ss. 4(1)(b)(v), 5(1)(a), 7(b), 16 & 19---Punjab Government Contract Appointment Policy, 2004, Clause 4,Para-XVII, Sub-Clause (ii) & 8---Constitution of Pakistan, Arts. 4, 10-A, 199---Contract employee---Enforced disappearance owing to abduction---Termination/removal from service with allegation of willful absence---Dispensation of procedure of regular inquiry---Validity---Rights of an employee cannot be infringed while treating him as a subject of an authoritarian regime---Clause 4, Para-XVII sub-clause (ii) of the Punjab Government Contract Appointment Policy, 2004, supplies safeguards against unreasonable and arbitrary terminations of the contract employees---Although in cases of willful absence from duty, the process of regular inquiry may be dispensed with, however each case has its own merits---Facts of the present case were such that mere allegation of willful absence from duty could not have been proved without holding a proper inquiry as it was the case of the petitioner that he was unlawfully abducted and remained a victim of enforced disappearance---Such assertions of the petitioner were not only supported by sufficient material appended with the petition but it was also evident from the termination order that the respondents somehow believed the confinement of the petitioner but for strange circuitous reasons, the same had been used as a basis to cast negative aspersions on the conduct of not only the petitioner but also his family---Authority while adjudicating a case on the basis of show cause notice has to confine itself within the allegations of show cause notice and rendering any findings or forming basis of the final order on elements beyond the allegations/charges of show cause notice is not sustainable under the law---From the contents of show cause notice, proceedings undertaken in pursuance thereof and the termination order, the only ineluctable conclusion emerged that neither the show cause notice and the proceedings in furtherance thereof were tenable in law nor the termination order was sustainable on any of tests of due process in terms of Arts. 4 & 10A of the Constitution.

Hafiz SALMAN AHMED vs BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, SAHIWAL Ss — 2025 PLC(CS) 1173 LAHORE-HIGH-COURT-LAHORE

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