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April 3, 2020

SC dismisses plea of sacked contractual employee

National

April 3, 2020

ISLAMABAD: The Supreme Court on Thursday dismissed a plea of a contract employee of Anti-Corruption Department Punjab who was removed from his service on misconduct.

A two-member bench of the apex court headed by Chief Justice Gulzar Ahmed heard an appeal of one Aqeel Hussain, a contract employee of Anti-Corruption Department Punjab, seeking his restoration on service.

During the hearing, the petitioner appeared before the court in-person and argued against his removal from service.

The court rejected his application and upheld the verdict removing him from service with the ruling that according to the contract, the department was competent in removing him from his service anytime and without giving reasons.

The court noted that the applicant was appointed on contract basis and the department removed him from service according to section 18 of service contract.

The petitioner contended that he was removed from service on political basis, adding that injustice was made with him. He alleged that the appointment of director general of the department was also made on political basis.

On court query, the petitioner submitted that a charge of misconduct was framed against him and he was removed on the basis of remaining absent from duty for 20 days.

"Neither my trial was conducted nor a show cause notice was issued to me,” the applicant contended, adding that he was removed from office without giving him the right of fair trial.

He further submitted that he has served the department for seven years and he was 41-year-old now, hence he was not eligible for a government job. He pleaded that he should be given the right of fair trial.

Justice Ijazul Ahsen observed that the applicant was not removed from service for misconduct, but he was appointed on contract basis and could be removed from service anytime.

"You had signed an agreement at the time of appointment whereby you could be removed from service anytime and without giving any reason,” Justice Ijazul Ahsen told the applicant, adding that he was removed as per Section 18 of the service contract. The judge further observed that the court cannot restore the applicant on his service.

“If you think that injustice was made with you then you can approach the civil court and file a case for getting arrears,” Jutice Ijazul Ahsen told the petitioner.