Legal Case Summary

Case Details
Case ID ace3d995-f339-4fc7-9a75-3e1ced71598c
Body View case body.
Case Number Appeal No. 196 of 1987
Decision Date Jul 12, 1987
Hearing Date Jul 09, 1987
Decision The appeal was dismissed in limine as lacking merit. The Tribunal determined that the services of the civil servant, Syed TATHEER HUSSAIN SHERAZI, could be terminated during the probation period without the necessity of a show-cause notice or formal inquiry, as per the provisions of Section 10(1) of the Punjab Civil Servants Act, 1974. The Tribunal found no evidence supporting the claim that the termination was based on allegations of corruption or misconduct. Furthermore, the court upheld that the appointing authority had the discretion to terminate the services of a civil servant on probation at any time and that the termination was lawful and properly executed. The ruling emphasized that the authority's decision was final and did not require further judicial review in this context.
Summary In the case of Syed TATHEER HUSSAIN SHERAZI vs. GOVERNOR OF THE PUNJAB, the Service Tribunal of Punjab addressed the appeal regarding the termination of the civil servant's employment during his probation period. The case revolved around the interpretation of the Punjab Civil Servants Act, particularly Section 10(1), which allows for the termination of services during probation without the need for a show-cause notice. The Tribunal found that the appellant's termination was executed in accordance with legal provisions and was not tainted by any allegations of corruption. The ruling reinforced the prerogative of the appointing authority to terminate services based on performance evaluations during probation. This case underscores the legal framework governing public service employment in Punjab, emphasizing the balance between administrative discretion and the rights of civil servants. The Tribunal's decision serves as a precedent for similar cases involving probationary terminations, highlighting the importance of adhering to statutory guidelines. Relevant keywords include 'Punjab Civil Servants Act', 'probationary termination', 'administrative discretion', and 'service tribunal rulings'.
Court Service Tribunal, Punjab
Entities Involved
Judges IHSANUL HAQ CHAUCHRY
Lawyers M. Alamgir, Malik Azam Rasool, A.G. Humayun
Petitioners Syed TATHEER HUSSAIN SHERAZI
Respondents another, GOVERNOR OF THE PUNJAB
Citations 1988 SLD 776, 1988 PLC 270
Other Citations P L D 1974 S C 393, Abdul Haye Khan v. State etc. P L D 1958 S C 169, 1984 P L C (C.S.) 752, 1981 P L C (C.S.) 483, PLD 1966 Lah. 910, Anderson v. Gorrie and others 1985 Q B 668
Laws Involved Punjab Civil Servants Act (IX of 1974), Punjab Service Tribunals Act (IX of 1974)
Sections 10(1), 4