Through this constitutional petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner has challenged the orders dated 06.08.2015, 25.05.2015 and 27.03.2015 passed by the respondents No. 1 to 3 whereby the applications filed by the petitioner for reinstatement into service were turned down.
2. The brief facts of the case are that the petitioner was appointed as Supervisor on contract basis under National Program of Improvement of water courses in Pakistan vide order No. 658 dated 14.06.2005 (on Farm Water Management), Bahawalnagar. The petitioner joined the service and performed his duty honestly. There-after, the contract was revised with effect from 01.07.2008 to 30.06.2010 and 01.07.2010 to 30.06.2011 and the petitioner was transferred to Tehsil Jalalpur Peer Wala District Multan and started his duty under the supervision of Deputy District Officer, Jalal Pur Peer Wala, District Multan. It was alleged that the Deputy District Officer, Multan being inefficient person had ill-thoughts for the achievement for articles and commitment of the petitioner with his work; that due to above-said reasons Deputy District Officer got registered a false case bearing F.I.R. No.499/14 under sections 506 and 387 of P.P.C. And 7ATA at P.S. City Jalalpur Peer Wala against the petitioner, as a result of which, he was arrested in the said case, challan was submitted to the trial court, he face the trial and there-after the petitioner was acquitted from the charge. During the trial of the above-said case, the petitioner was forced by the respondents to accept his guilty including removal from service. Due to this mental torture, the petitioner fell ill and suffer from severe backache and was medically examined by the Medical Superintendent, THQ Hospital, Fortabbas. He also submitted an application in this regard to Deputy District Officer, Water Management, Multan/respondent No.3 but the said respondent, despite knowing all the facts, issued show cause notices to the petitioner and finally without hearing the petitioner terminated his services vide order dated 27.03.2015. The petitioner being dissatisfied from the said order filed an appeal before the respondent No.2 which was rejected vide order dated 25.05.2015. There-after, the petitioner filed another appeal challenging the order of the respondent No.2 before the respondent No.1 which was also dismissed vide order dated 06.08.2015. Hence this writ petition.
3. Learned counsel for the petitioner, inter-alia, submitted that the order passed by the respondent No.3 is not sustainable as it has been passed without affording an opportunity of hearing to the petitioner; that during the whole period of service, no complaint was registered against the petitioner against his efficiency, dutifulness or commitment; that the respondent No.3 passed the impugned order when the petitioner was suffering from severe backache and was unable to travel and attend the proceedings; that the criminal proceedings against the petitioner terminated in the form of acquittal of the petitioner vide judgment dated 25.04.2015 passed by the learned Anti- Terrorism Court No.11, Multan and there-after there was no allegation against the petitioner. He lastly prayed that the impugned order passed by the respondents No. 1 to 3 be set-aside and they be directed to reinstate the petitioner in the service.
Heard.
Perusal of the record reflects that the petitioner allegedly submitted applications dated 03.01.2015, 17.01.2015, 30.01.2015 and 28.02.2015 for grant of leave for different periods on the plea that he was suffering from serious backache and was advised bed rest which period comes from 03.01.2015 to 14.03.2015. The petitioner has also submitted medical certificates issued by the Medical Superintendent, Tehsil Headquarter Hospital, Fort Abbas as well as of some private doctors. As per medical prescription of Dr. Abdul Munaf Saud dated 28.02.2015, the petitioner was advised bed-rest for two weeks with effect from 28.02.2015. As such, period advised for bed-rest under the said certificates lasts on 15.03.2015. According to an application dated 17.12.2014 addressed to the Director General, (Agriculture)respondent No.1 reflects that the petitioner prayed for his transfer from District Office, Water Management, District Multan to District Bahawalpur or any near by district which according to the petitioner was not adverted to. The record reflects that a show cause notice cum personal hearing notice dated 02.02.2015 was issued to the petitioner and the petitioner was asked to show cause in writing within seven days of the receipt of the notice as to why his services may not be terminated, then there are two others show cause notices dated 17.02.2015 and 28.02.2015 whereby the petitioner was again and again asked to show cause and affording him personal hearing.
Admittedly, the petitioner neither replied the show cause notice nor appeared for personal hearing.
The services of the petitioner were terminated vide order dated 27.03.2015 passed by the respondent No.3, District Officer, Water Manager, Multan which reads as under:- "Whereas, the accused official was finally served a show cause cum personal hearing notice through registered letter vide No.3435 dated 07.03.2015 which he was given another chance to explain his position and offered to appear before the undersigned for personal hearing. The accused official again failed to furnish reply to the show cause notice and to avail opportunity of personal hearing on 26th March 2015, which indicates that he is not serious in his job under PIPIP.
AND WHEREAS, as per his appointment terms and conditions clause VI (C) medical leave continuous beyond 3 months cannot be allowed absolutely in any circumstances. Consequently due to continuous absence of more than 3 month period, contract services of the accused official are liable to be terminated.
NOW THEREFORE, after going through the record/facts of the case I, Abul Barkat Farrukh Nadeem District Officer/Authority in this case hereby terminate contract appointment of Mr. Ghulam Mustafa s/o Muhammad Ameen Supervisor (PIPIP) (contract employee) office of Deputy District Officer Multan with immediate effect in the light of clause VI, XII, XV and XVII".
7. Being aggrieved of his termination letter an application was submitted by the petitioner before the Executive District Officer (Agriculture), Multan on 06.05.2015 for his reinstatement. In this application, it was never asserted that the petitioner was seriously sick and was unable to move or was advised bed rest by the doctor. His only assertion was that after being exonerated from the case F.I.R. No.499/2014 under sections 506, 387 of P.P.C.
And 7ATA registered with Police Station Jalalpur Peer Wala, he reported to the District Officer, Multan on 11.12.2014 and submitted for his transfer and he was transferred from Tehsil Jalalpur to Deputy District Office, Tehsil Multan and that during this period, he was being threatened of dire consequences. He submitted that during that period show cause notices were issued to him and without giving him a personal hearing, he has been terminated from service. The respondent No.2 vide impugned order dated 25.05.2015 rejected his appeal in the following terms:- "Whereas Mr. Ghulam Mustafa Ex-Supervisor office of Deputy District Officer, Water Management, Multan made an appeal against the termination order issued by the District Officer, Water Management, Multan vide his No.3532-37/DO/WM/Estt. Dated 27.03.2015, which has been considered in the light of the comments offered by the District Water Management Multan vide No.3854/WM/MN dated 19.05.2015.
Whereas the clarification made by S & GAD, Govt. Of Punjab Lahore vide No.DS(O&M)5 3/06/2004/contract/agri dated 14.01.2009 is as under: "It is clarified that under the contract appointment policy, 2004 it is not admissible to reinstate a contractee after his termination from service".
Whereas Mr. Ghulam Mustafa Ex-Supervisor office of Deputy District Officer, Water Management, Multan is a contract employee and to be dealt with under the terms and conditions of appointment under contract Policy 2004 and as such his appeal does not lie with this office hence appeal is rejected".
The petitioner assailed this order before the respondent No.1/Director General, Agriculture (Water Management Wing), Lahore but he again failed to mention that he was medically unfit having severe Backache and was advised bed rest. This request of the petitioner was also turned down by the respondent No.1 vide order dated 06.08.2015 upholding the order passed by the respondent No.2.
8. As discussed above, the petitioner did not assert before the respondents that he could not join the service on account of his serious ailment nor he could establish before this Court that his applications coupled with medical certificates for grant of leave were received by the respondents, therefore the plea which has not been taken before the competent authorities, cannot be raised for the first time before this Court while filing this writ petition. The conduct of the petitioner did not appear to be bona-fide and a person who is an unwilling worker or violate the terms and conditions of the contract service, cannot force his parent department that he be kept in service. Further, according to the provisions of Contract Appointment Policy, 2004, as held by the respondents, a contract employee whose services have been terminated cannot be reinstated into service.
9. No illegality or irregularity has been committed by the respondents Nos. 1 to 3 while passing the impugned orders, therefore, this writ petition being devoid of any force is hereby dismissed in limine.