ALAM KHAN versus BOARD OF INTERMEDIATE AND SECONDARY EDUCATION
Section 19 (2) of the Board of Secondary Education terminates the service on the basis of an unauthorized absence of the applicant's duty, was terminated for more than a month on the basis of an unauthorized absence of duty. One of the appearances was the formal investigation necessary to punish an employee for mismanagement and such misconduct, which revealed that after receiving a response to the applicant's showcase notice in which he Clarified his position, was not given a personal hearing. Even before issuing an order to abolish it, the very order of elimination of the circumstances was against the principles of natural justice, through the Medical Certificate, Medical Officer, showing that the applicant had a waist / sciatic problem. He was advised to rest for a month in bed. The doctor was supporting the applicant's version, it cannot be denied that the record has been disclosed even before the expiry of the applicant, several employees were regularized and the policy / law regulating the contractual employees was established by the establishment. It was adopted that the day the applicant's services were terminated, he was a regular employee of the establishment through the law staff. Not investigating the allegations in the case of alleged corruption of the applicant, the proceedings initiated against the applicant and concluding that the agreement was against the law as well. In addition to the misrepresentation of the evidence and records, contrary to the law, the order of dismissal was also set aside and the applicant was fully compensated.
Related judgments — Peshawar High Court NWFP, 2012
