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Case No. 297/1797 of 1982, decided on 10th January, 1983.

-----Termination of service‑Temporary employee‑Appointment order containing condition of termination at any time without notice‑Services terminated and termination order indicative that same passed on account of misconduct‑Termination order, in circumstances, held, could not have been passed without following proper procedure‑Impugned order set aside by Service Tribunal and case remanded for proceeding under Punjab Civil Servants (Efficiency and Discipline) Rules, 1975‑Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 and Punjab Service Tribunals Act (IX of 1974), S. 4.

Sh. A. S. Zahid for Appellant.

Haroon‑ur‑Rashid Cheema, District Attorney for Respondent.

Mushtaq Hussain, ex‑Bearer, Services Hospital, Lahore has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974 wherein he has impleaded the Province of Punjab through Medical Superintendent, Services Hospital, Lahore as respondent.

2. By virtue of this appeal the appellant has prayed that his dismissal order, dated 13th August, 1981 of Medical Superintendent, Services Hospital, Lahore be set aside and he be re‑instated in service with full back benefits.

3. Brief facts of the case are that the appellant was appointed as Ward Bearer in the Services Hospital on 25th June, 1980 against a temporary post. The services of the appellant were terminated ‑ on 13th August, 1981 by Medical Superintendent, Services Hospital, Lahore on account of misconduct. The appellant submitted the appeals on 2nd November, 1981 and 16th January, 1982 against the order of termination of his services to the Secretary Health, Government of the Punjab, Lahore which are still pending and no decision have been taken by the said authority. Hence this appeal.

4. We have heard the parties. The learned counsel for the appellant has argued that the services of the appellant were terminated on account of misconduct but no legal formalities as per procedure laid down in the Punjab Civil Servants (E & D) Rules, 1975 has been followed. Neither he was charge‑sheeted, nor an enquiry was conducted. He was also not heard by the Medical Superintendent, Services Hospital, Lahore. On the other hand the plea has been taken by the learned District Attorney assisted by representative of the Department that according to the terms and condi tions of the appointment of the appellant, he was appointed on purely temporary basis and his services could be terminated without any notice. Thus, his services have been terminated lawfully as per terms and conditions of his service.

5. We have given our anxious thought to the arguments of the parties put forth before us and have also perused the appointment order of the appellant. We are in agreement with the learned District Attorney that the services of the appellant could have been terminated without any notice by the authority, he being a temporary employee: But the impugned order of termination of the appellant, dated 13th August, 1981 shows that the services of the appellant were terminated oil account of misconduct. Thus, the impugned order of termination of services of the appellant has been passed on account of misconduct and not otherwise. Thus, he could not have been removed from service, without following the procedure laid down in Punjab Civil Servants (E & D) Rules, 1975. Under the circum stances, we remand this case to the Deputy Medical Superintendent, Services Hospital, Lahore for proceeding against the appellant properly. If he is required to be dealt on account of misconduct, then he should be proceeded properly under the provisions of the Punjab Civil Servants (E & D) Rules, 1975. The appellant is directed to be re‑instated into service to bestow upon him the status of civil servant to proceed against him by the authority. The period from termination of his services to that of re‑instatement in service will be treated as extraordinary leave, without pay.

There will be no orders as to costs.

A. E. Case remanded.

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