' SYED MAHMOOD ALAM RIZVI, J.--- The petitioner has impugned his termination order dated 9-12- 2006 through this petition and has prayed as under:--
(a) To declare that order bearing No. CEO/HESCO/M (HRM)/A2/ C/8629-35 dated 9-12-2006, is illegal, unlawful, void ab initio, without lawful authority.
(b) To direct the defendant No.1 to issue/solicit the orders of reinstatement of the petitioner to the post of Manager Finance C.P.C., HESCO, WAPDA, Hyderabad from 9-12-2006.
(c) Any other relief which this Honourable Court may deem fit and proper.
2. Precisely, the facts are that the petitioner was appointed on 8-5-2006 as Manager Finance, (C.P.C.), Hyderabad Electric Supply Company (HESCO), Hyderabad and the petitioner joined his service on 10-5-2006 and without any show-cause notice or inquiry or any complaint of being guilty of dishonesty, misconduct, negligence, indiscipline or breach of trust, the petitioner was terminated from service.
3. Mr. Omer Soomro, learned counsel for the petitioner has contended that the petitioner has been terminated on the charge of being guilty of dishonesty and breach of trust, but nothing has been mentioned as to what sort of dishonesty or breach of trust committed by the petitioner, hence the termination letter itself is vague, illegal and not sustainable. He further contended that the petitioner is not only highly but also foreign qualified and was appointed by the adoption of all legal formalities and as per parawise comments filed by the respondents, it is also inter alia, contended, that at the time of his appointment, the petitioner stated before the Senior Selection Board that he was serving in Standard Chartered Bank, possessing vast experience in the relevant field and was drawing Rs.30,000 from Standard Chartered Bank, and in view of his service in such a promising bank, he was placed in BPS-18 with five additional increments and with admissible benefits and allowances just to provide attraction to the petitioner to stay in the Department but that after the inquiry the same were found to be false, and a result, his service contract was terminated on the basis of false statement. The learned counsel for the petitioner further contends that the above allegations are false and fabricated as at the time of interview the petitioner himself informed, on a query, that the offer of Standard Chartered Bank for Rs.30,000 was available to him. Mr. Soomro further argued that not only the petitioner but many candidates who were on job from Rs.20,000 to Rs.40,000 and working in different departments were considered, but that the petitioner was placed at the top of the list, which was sorted out for final interview, because of his high qualifications. He further contended that in the C.V. Of the petitioner no such reference of the said alleged job had been mentioned by the petitioner and if the statement of the respondents is considered, even otherwise, the respondent could have asked for the N.O.C. From the said Bank of the relevant documents to prove that he was working in the Standard Chartered Bank at the time of his interview. He contends that the termination is based on mala fides and ulterior motives as the petitioner has disclosed the fact in his departmental appeal that on account of personal grudge and pressure imposed upon him by the Chief Executive Officer (C.E.O.) since the petitioner had declined to fulfil the evil desires of the C.E.O. HESCO, the petitioner was compelled and forced by Mr. Maqbool Ahmed Khawaja to accept his daughter for marriage and that he offered a large number of properties besides the promise of securing the future of the petitioner, but that the mother of the petitioner had advised the petitioner not to accept any offer or come under any pressure exerted by Mr. Maqbool Ahmed Khawaja. He further contended that his contract period expired on 8-5-2008.
4. On the other hand Mr. Syed Abbas Haider Jafferi, learned counsel for the respondents contended that the petitioner was placed in BPS-18 with all other additional increments and allowances only in order to attract him into HESCO and the Committee believed in his statement that he was working with the Standard Chartered Bank, but when it came to know that the petition& had given a false statement, which amounted to dishonesty and breach of trust, the respondents were compelled to issue a letter on 3-11-2006 with the heading 'wrong statement', and thereafter, with no receipt of satisfactory reply, the petitioner was rightly terminated on 9-12-2006, and being a contractual employee, his services were terminated as per termination clause of the appointment letter dated 8-5-2006. By virtue of the said clause the contract could be terminated by either party giving the other party one month's notice or one month's salary, and even the services of the petitioner could be terminated by the Chairman, PEPCO/CEO HESCO without any notice, if the petitioner was found guilty of dishonesty, misconduct, negligence, indiscipline or breach of trust. Hence the petitioner was rightly terminated and through this petition the termination could not be set aside.
5. We have heard both the lawyers and perused the record.
6. It is an admitted position that in the advertisement the basic conditions for appointment as Manager Finance (Corporate Planning & Control Systems), HESCO were as under:-- Job profile ' The incumbent will report to the Finance Director and assume a key role in developing options for financially viable independent operations of the company. The finance functions is being modernized in line with sound business practices. This requires instituting an efficient Financial Management and Corporate Planning & Control Systems.
Qualification/Experience.
(i) A .0 . A . /A .C.M.A., M.B.A. (Finance), M.Com
(ii) Computer proficiency and Financial modeling skills.
' The candidate should have an excellent track record of at least five (5) years dynamic Managerial post qualification experience.
They should have demonstrated the foregoing attributes through actions/decisions actually made in the past, where such actions/ decisions have contributed significantly to improving the performance of their Companies.
Age Limit ' Maximum 40 years. Salary Package ' The appointment shall be in Grade-18 plus allied benefits. Higher salary in the Grade shall be negotiable for exceptional candidates with the higher qualifications have Power Utility experience.
Tenure.
' The initial contract shall be for a period of Two years extendable on satisfactory performance."
7. The petitioner applied to the above post as he possessed the following experience:-- ' Masters in Finance with considerable experience in National Savings Department, Government of Pakistan.
' M.B.A. (Finance) from American World University, London, U . K. (2004-05).
' Postgraduate in Business Studies from. Dublin Business School, Dublin, Ireland (2002-03).
' M.A. (Economics) from University of Sindh, Jamshoro (1998-99).
' B.E. (Civil) from Mehran University of Engineering an Technology, Jamshoro in 93 Batch.
' Having Computer skills and different experience and a vast experience of management, administration and accounts, etc.
8. The respondents failed to produce any documents to show that the petitioner either mentioned any service with the Standard Chartered Bank at the relevant time in his C.V., or that he filed any certificate to show that he was serving with the said Bank. No doubt, in the list of candidates, who were sorted out for interview, in the column of education, professional experience, the salary of Rs.30,000 with Standard Chartered Bank has been mentioned which was prepared by the department itself, for which the petitioner has replied that actually he mentioned that there was an offer from the said Bank, but that he had not joined till then, and no doubt, it is accepted by the Advocate for the respondents that the petitioner was the most highly qualified among all the candidates. No doubt, as per minutes sheet regarding interview for the position of Manager (Finance) the Selection Board, consisting of four officials, has recommended the petitioner among all other candidates and the relevant para. Is reproduced as under:- "The Committee recommends the name of Mr. Shahzad Bashir son of Bashiruddin for his appointment as Manager Finance (Corporate Planning and Control) HESCO, (BPS-18), with addition of 5 increments because of this Master from American World University London, U.K., and about 10 years experience in various fields, besides he is already drawing Rs.30,000 from Standard Chartered Bank and to give attraction to the candidate to stay in the department." ' which reflects that the Board misunderstood that the petitioner was working with the Bank, hence they further persuaded him by placing him at serial No.1 with other benefits, but it is also mentioned that the Board was impressed by his very high foreign qualification and 10 years experience in various fields and they were, therefore, bent upon selecting him on merits as well.
9. The petitioner received a notice on 3-11-2006 regarding wrong statement with the subject "Wrong Statement" issued by Mr. Maqbool Ahmed Khawaja, which is reproduced as under:- "It has come to the notice of the undersigned that you had given a wrong statement before the Selection Board at HESCO HQs on 20-4-2006 at the time of your interview that you are serving in Standard Chartered Bank, which has shocked the undersigned.
' You are hereby directed to explain your position and submit proof of your service in Standard Chartered Bank otherwise the undersigned shall have no option but to terminate your contract of employment.
' Your reply may reach the undersigned within three (03) days from the date of issue of this letter otherwise it shall be presumed that you have no defence to offer and further action will be taken ex parte." but the petitioner has denied received any such notice and contended that this is an afterthought, or at least he had not received the same. Anyhow, as a result of such letter, the respondents terminated the petitioner from his job vide letter dated 9-12-2006 page-11-A, which is reproduced as under:-- "Office Order ' The service contract of Mr. Shahzad Bashir Memon, Manager Finance (Corporate Planning & Control), HESCO o/o Finance Director, HESCO, Hyderabad is hereby terminated under the clause "Termination of Contract" of his office of appointment letter No.CEO/Admn. & HR Dir/A-9/RC/6085- 88 dated 8-5-2006, having been proved guilty of dishonesty and breach of trust.
' The officer is entitled to one month's pay in lieu of notice as per terms and conditions of his contract. He stands relieved of his duties with effect from 9-12-2006 (After NoonE.
(Mr. Maqbool Ahmed Khawaja) Chief Executive Officer HESCO (WAPDA) Hyderabad."
10. Against the said termination the petitioner has specifically mentioned that neither he committed any dishonesty or breach of trust but that only and due to refusal of marriage with the daughter of said C.E.O. The petitioner has been terminated on whimsical and concocted grounds.
11. The respondents have failed to show any evidence regarding breach of trust or dishonesty on the part of the petitioner, and by his termination the respondents have placed a stigma upon the career record of the petitioner, who is admittedly, a very highly qualified young man, and such persons should generally be exhorted, and entitled, to serve the country. Hence we are inclined to set aside the words 'dishonesty' and `breach of trust'.
12. Be that as it may, per respondents new advertisement for the above post, a suitable candidate has already been appointed to the same post and the period of his contract has also expired on 8- 5-2008, hence the prayer regarding setting aside of the termination order and reinstatement cannot be allowed, but the termination of the petitioner, it is opined, is based on mala fides.
Therefore, we direct the respondents to pay all the salaries and benefits to the petitioner upto 7-5- 2008. The petition is disposed of in the above terms.