' MUSARRAT HILALI, J.--- This petition is with the prayer for declaring the impugned orders 29-10- 2010 and 13-10-2010 as illegal, unlawful, void ab initio and of no legal effect and reinstatement of the petitioner as Upper Division Clerk in BPS-9 with all back benefits and wages.
2. Precisely, facts of the case are that respondent No,2 advertised certain posts including the post of Upper Division Clerk in the Daily Frontier Post in its issue dated 2-4-2010 inviting applications for the same. The petitioner also finds himself eligible applied for the subject post along with others. As a result of Test and Interview conducted on 17-4-2010, the petitioner was appointed/selected vide office memorandum dated 29th April, 2010 issued by the respondents. The " petitioner took over the charge and drew his monthly salary till October, 2010 when all of a sudden through the impugned order dated 29-10-2010 issued by respondent No,2 on the directives of respondent No,1 is letter dated 13-10-2010 whereby petitioner' services were dispensed with. Feeling aggrieved, petitioner filed appeal, which was not entertained vide letter dated 8th March, 2012, hence necessitated the filing of constitutional petition in hand.
3. Learned counsel for petitioner contended that the petitioner has been selected after due process of law but the respondents without any justifiable reason and adopting proper course dispensed with his services, hence the impugned orders are based on mala fide, which require to be struck down.
4. Comments were sought from respondents, which have been received, wherein, it is mainly contended that proceedings for recruitment were illegal due to non-conformity with rules, hence the competent authority declared the appointments void and without legal effect.
' We have heard learned counsel for the parties and gone through the record appended with this petition.
5. The record transpires that certain posts including the post of Upper Division Clerk were advertised by respondents inviting applications from the desirous candidates. The petitioner feeling himself eligible and qualified applied for the post of Upper Division Clerk. The competent authority constituted a Committee for conducting Test and Interview of the candidates. As a result of this process, the petitioner was selected on 29th April, 2010, however, he was shocked when informed that his services have been terminated by the respondents without assigning any reason much less plausible. The plea prevailed with the respondents is noted in their comments, which has been mentioned in the upper part of this judgment.
6. It is the demand of statutory law that before proceeding against A any civil servant, who has been appointed/selected after due process of law, proper inquiry such as issuing of charge sheet/statement of allegations and show-cause notice shall be conducted. In the instant case the record is silent about adopting of this procedure, which is violative of law on the subject. Moreover, it is settled principle of law that for any B irregularity whatsoever, if committed by the department itself, the appointee cannot be harmed, damaged or condemned subsequently when it occurs to the department that it had itself committed some irregularities qua any appointment. This view was taken in the case of Collector of Customs and Central Excise Peshawar and 2 others v. Abdul Waheed and 7 others (2004 SCM R 303), which was reaffirmed in 2009 SCM R 663 (District Coordination Officer District Dir Lower and others v. Rozi Khan and others).
7. As no proper inquiry such as issuing of charge sheet/statement of allegations, show-cause notice has been issued to the petitioner, therefore, keeping in view the law on the subject as well as the view taken by the Hon'ble Supreme Court in above referred cases, while accepting this petition, we set aside the impugned orders declaring the same as illegal, unlawful, void ab initio and direct the respondents to reinstate the petitioner with all back-benefits..