' NASIM SABIR SYED (MEMBER).---The appellant was appointed as Civilian Assistant (B-11) under Managing Director, M.R.F., P.A.C. Kamra on 13-7-1993. During the tenure of his office he was posted under the control of respondent No, 4 i,e, Mr. Muhammad Aslam Khan, Civilian Gazetted Officer, P.A.F., Kamra District Attack. It was claimed by the appellant that the Officer made him a personal servant and instead of letting the appellant to perform his official duties, utilized appellant's services for his domestic affairs. It was further asserted that the appellant resented this situation which annoyed respondent No, 4 who started victimization on one pretext or the other and practically made the appellant sick. In January, 1995 due to sickness of appellant's sister the appellant applied for leave and proceeded to his home town and even became indisposed of and submitted medical certificates in this regard. Without referring the medical certificates for 2nd medical opinion or referring the appellant to the Medical Board, out of sheer malice of respondent No, 4, the respondent No, 3 issued termination order on 23-9-1995 giving the reasons of poor record during probationary period.
2. The respondents gave the following record for remaining absent without leave.
(i) 10-1-1995.... (till the date of his termination from service)
(ii) 7-7-1994 to 11-8-1994.
(iii) 2-12-1994 to 5-12-1994.
' It was brought to our notice that the appellant remained absent for 60 days in a period of one and a half years and his probationary period was extended with a warning to him, which means that there was no possibility of any malice towards the appellant.
3. On the other hand the learned counsel for the appellant claimed that the order passed suffers from serious infirmities and was a definite case of malice. The arguments given by him were as under:--
(i) No show-cause notice was given to the appellant before termination of service which is illegal as held in the case of Muhammad Siddiq Chaudhry cited as PLD 1974 SC 393 in which it has been held that the issuance of show cause is a must. In support thereof another case was quoted cited 1991 SCM R 400 supported by another one cited as 1994 SCM R 2232. In all these cases it was held that principle of natural justice cannot be violated.
(ii) Removal from service is not only a stigma but is a misfortune for the person whose services have been terminated. It has been held in Iqbal Wasti v. Collector Customs 1987 PLC (C.S.) 756 that termination simpliciter is unlawful and mala fide.
' Here in this case it is also simplicity and so unlawful.
4. The Supreme Court of Pakistan in 1994 SCM R 2232 has also held that even during probationary period proper legal procedure had to be adopted which has not been done in this case.
5. We have considered the arguments of both the sides and are of the view that the orders passed for the termination are illegal and mala fide.
' More particularlyso because legal procedure to be adopted has not been followed.
6. As a result the appellant is ordered to be reinstated with back benefits from the date he was terminated and the order of termination is hereby set aside.
7. No order as to costs. Parties be informed.