1. ' MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN).--Aggrieved by the impugned order dated 27-4-1988 of respondent No,1, the appellant assailed the same through the present appeal in the Tribunal alleging therein that he was appointed as Chowkidar in Government Primary School, Kurvi, Tehsil Nowshera, District Peshawar vide order dated 6-10-1987 and continued as such after obtaining a medical fitness certificate, till the passing of the impugned order against which he filed an appeal before the District Education Officer, respondent No,2 but without result, so the present appeal on the ground that the impugned order is wrong, illegal, mala fide, void, against the basic principles of natural justice and equity. No show-cause notice was served upon him.
2. ' Respondents submitted the written statement denying his allegations and claiming inter alia that the appointment of the appellant was purely temporary and his services could be dispensed with without assigning any reason. Besides this the person appointed in his place had donated the land for the construction of the school and he was appointed as such in accordance with the policy of the Government to accommodate the land-owners or their men on such like posts.
3. ' Record perused and arguments heard.
4. It is crystal clear from the record that there was no allegation of misconduct against the appellant.
5. It is also clear that no show cause notice or enquiry was initiated in the case of the appellant, so the impugned order is apparently illegal and void. So far as the question of the donation of the land is concerned, this is not the law governing such like matters but a policy which was to be enforced in cases of those schools which were to be constructed in future. The persons who were already employed could not be removed dismissed from service without observing the legal formalities. On the basis of the above we are constrained to accept the present appeal by setting aside the impugned order. Appellant is entitled to re-instatement from the date he was dismissed from service along with all back benefits. Parties are, however, left to bear their own costs and file be consigned to the record room.