' Petitioner was appointed on contract basis through recommendations made by the Punjab Public Service Commission as Inspector in BS-16 in Directorate, General Of Anti-Corruption Establishment Punjab, whereafter, he was issued a show-cause notice and thereupon his contract was terminated on 05.09.2013.
2. Feeling aggrieved, he filed an appeal before the Chief Secretary, Government of the Punjab which was dismissed vide order dated 14.03.2014, therefore, this petition.
3. Learned counsel for the petitioner submits that neither a show-cause notice was issued to the petitioner nor an opportunity of hearing was given to him by virtue of which he could have justified his position and in an arbitrary manner, the contract has been terminated. He submits that the order passed by the Appellate Authority is a nonspeaking order and therefore, requires interference by this Court.
4. Conversely, learned Law Officer on Court's Call submits that in accordance with contract of service, the services of the petitioner has been terminated that too after inquiry, therefore, the order passed by the competent authority is with jurisdiction and in accordance with law as laid down in judgment reported as Muhammad Iqbal v District Police Officer, Sahiwal and another 2011 SCMR 534 & Brig. (R) Sajid Imtiaz Hussain v Secretary Ministry of commerce and another 2013 PLC (CS)
1472.
5. I have heard the learned counsel for the parties and have gone through the record.
6. For convenience, the order passed by the Appellate Authority is reproduced:- "I am directed to refer to your appeal dated Nil addressed to the Chief Secretary, Government of the Punjab, Lahore, on the subject noted above. After considering all aspects of your case, and keeping in view the terms and conditions of your Contractual appointment, the said appeal has been dismissed by the competent authority/Chief Secretary, vide orders dated 15.02.2014."
7. It is clear and obvious that order does not qualify the preconditions as given in Section 24-A of the General Clauses Act. Even otherwise, no opportunity of hearing was provided by the appellate authority to the petitioner by virtue of which, he could justify his position. An Appellate Authority is suppose to look into the following while passing an order:-
(a) Allegations against the employee;
(b) His reply thereto; ( c ) If an inquiry is conducted, recommendations made in that inquiry;
(d) the order passed by the competent authority,
(e) the grounds raised in appeal; and
(f) independent findings rendered by the appellate authority.
8. The above mentioned order does not fulfill the conditions mentioned above as the appellate authority has neither applied its Independent findings rendered by the appellate authority The above mentioned order does not fulfill the conditions U appeal of the petitioner. Moreover, no opportunity of hearing has been Provided.
9. In view of what has been discussed above, I find the order dated 14.03.2014 passed by the appellate authority not sustainable, therefore, the same is set aside. The appeal of the petitioner shall be deemed to be pending before the appellate authority to decide it afresh keeping in view the above stipulation and after affording an opportunity of hearing, to the parties. This exercise shall be completed`' within a period of one month from the receipt of a certified copy of this order.
In above terms, this petition is accepted.
(R.A.) .