On reinstate decision Supreme Court upheld the decision of service tribunal and reinstate the employees of wildlife department .
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| On reinstate decision Supreme Court upheld the decision of service tribunal and reinstate the employees of wildlife department . |
### سپریم کورٹ آف پاکستان
**سول پٹیشنز نمبر 183-Q تا 195-Q 2023**
**سماعت کی تاریخ:** 15.04.2024
**فیصلہ:**
**محمد علی مظہر، جے:**
1. **پس منظر:** یہ درخواستیں بلوچستان سروس ٹربیونل کے مورخہ 03.05.2023 کے فیصلے کو چیلنج کرتی ہیں، جس میں محکمہ جنگلات اور وائلڈ لائف میں تقرریوں سے متعلق مختلف سروس اپیلوں سے نمٹا گیا تھا۔
2. **مقدمہ کا خلاصہ:** جواب دہندگان، جن کا تقرر مناسب بھرتی کے عمل کے بعد کیا گیا تھا، ان کی تقرریوں کو نوٹس یا سماعت کے بغیر منسوخ کر دیا گیا تھا۔
3. **دلائل:**
- **درخواست گزار:** دعویٰ کردہ تقرریاں غیر قانونی طور پر کی گئیں اور سیاست سے متاثر تھیں۔ ان کا موقف تھا کہ تقرریاں کالعدم ہیں اور ان کے خلاف تادیبی کارروائی شروع کر دی گئی ہے۔
- **جواب دہندگان:** نے استدلال کیا کہ ان کی تقرری مناسب عمل کے بعد ہوئی اور ان کی منسوخی غیر منصفانہ تھی۔
4. **عدالت کا تجزیہ:**
- بھرتی مناسب طریقہ کار کی پیروی کی گئی، اور جواب دہندگان کو اپنی تقرریوں سے دستبرداری کا مقابلہ کرنے کا مناسب موقع نہیں دیا گیا۔
- قابلیت کی تصدیق اور انکوائریوں کی اجازت دینے کے ٹربیونل کے فیصلے کو مناسب اور قانونی اصولوں سے ہم آہنگ سمجھا گیا۔
5. **فیصلہ:** سپریم کورٹ نے ٹریبونل کے فیصلے کو برقرار رکھا، اس میں کوئی قانونی نقص نہیں پایا۔ درخواستیں خارج کی جاتی ہیں۔
**ججز:**
- مسٹر جسٹس محمد علی مظہر
- مسز جسٹس عائشہ اے ملک
- مسٹر جسٹس عرفان سعادت خان
**تاریخ:**
- 15 اپریل 2024
[رپورٹنگ کے لیے منظور شدہ]
IN THE SUPREME COURT OF PAKISTAN
(Appellate Jurisdiction)
Present:
Mr. Justice Muhammad Ali Mazhar
Mrs. Justice Ayesha A. Malik
Mr. Justice Irfan Saadat Khan
Civil Petitions No.183-Q to 195-Q of 2023
Against the judgment dated 03.05.2023 passed by
Balochistan Service Tribunal, Quetta in S.As. No.475, 524,
564, 569, 570, 582, 587/2018, 101, 484/19, 96-98/20,
222/21
Govt. of Balochistan thr. its secy. Forest and Wildlife
Dept., Quetta & Another
…Petitioners
Versus
Ghulam Rasool
Muhammad Aslam
Habib-ur-Rehman
Akhtar Shah
Tawab Khan
Talha Shah & Others
Abdul Jabbar Lehri & Another
Abdul Raziq
Najam-ud-din
Ejaz Ahmed
Hafeezullah
Muhammad Riaz
Saddam Hussain
(CP 183-Q/23)
(CP 184-Q/23)
(CP 185-Q/23)
(CP 186-Q/23)
(CP 187-Q/23)
(CP 188-Q/23)
(CP 189-Q/23)
(CP 190-Q/23)
(CP 191-Q/23)
(CP 192-Q/23)
(CP 193-Q/23)
(CP 194-Q/23)
(CP 195-Q/23)
…Respondents
For the Petitioners:
Mr. M. Ayaz Khan Swati, Addl. AG
Balochistan
For the Respondents:
N.R.
Date of Hearing:
15.04.2024
Judgment
Muhammad Ali Mazhar, J. These Civil Petitions for leave to appeal
are directed against the judgment dated 03.05.2023, passed by the
Balochistan Service Tribunal, Quetta, in Service Appeals No.475, 524,
564, 569, 570, 582, 587/2018, 101, 484/2019, 96-98/2020 and
222/2021.
2. The respondents in their service appeals before the Service Tribunal
pleaded that they were appointed after due process and fulfillment of
CPs 183-Q/23 etc.
2
all codal formalities. They submitted their applications for jobs in
response to the advertisement published in the newspapers; they
appeared in the test and interview, were declared successful, and after
joining such a competitive process, were selected by the Departmental
Recruitment Committee. As a result thereof, offer letters were issued to
them and they joined their duties; but just after twenty days, their
appointment letters were withdrawn without the issuing of any show
cause notice and without providing any opportunity of hearing.
3. The learned Additional Advocate General, Balochistan (A.A.G.)
argued that the respondents were appointed without adopting the laid
down mandatory procedure for making appointments but that the
appointments were made on political influence and since the
appointments were illegal, therefore the competent authority rightly
cancelled/withdrew their appointments. He further argued that the
appeals before the Service Tribunal were time barred. It was further
contended that the competent authority constituted an Inquiry Board
for the purpose of inquiry in accordance with the Section 9 and 10 of
the Balochistan Employee Efficiency and Discipline Act, 2011, and
initiated departmental proceedings soon after realizing the factual
position. It was further contended that the Service Tribunal was itself
not clear on how many respondents were in possession of fake
appointment orders.
4. Heard the arguments. It is clearly demonstrating that the
recruitment process was not initiated and completed in the spur of the
moment but was conducted in different phases and segments. The
recruitment process was initiated pursuant to the Finance
Department, Schedule of New Expenditure 2012-13, Budget Book
Volume-VIII. The Government of Balochistan, vide Notification dated
31.08.2012, accorded administrative approval for the creation of posts
in the Forest and Wildlife Department. The advertisements were
published in vernacular newspapers for inviting applications of
interested persons for jobs. The respondents applied for different
vacant posts ranging from BPS-1 to BPS-15. The Government of
Balochistan, vide Notification dated 01.09.2016, constituted a
Departmental Recruitment Committee. After conducting written test
and interviews,
the
Departmental Recruitment Committee
recommended the respondents for appointments against the vacant
posts. The respondents joined their duties according to the postings
CPs 183-Q/23 etc.
3
and their Service Books were also prepared, but out of the blue, their
appointment orders were withdrawn/cancelled.
5. The minutes of the meeting of the Departmental Recruitment
Committee expounds the quorum of committee, comprising the Chief
Conservator of Forest as Chairman, while four other members were
representing the Services & General Administration Department,
Finance Department, Forest and Wildlife Department, and Deputy
Conservator of Forest, Government of Balochistan. The learned A.A.G.
admitted that the Departmental Recruitment Committee was
constituted under the Balochistan Civil Servants (Appointment,
Promotion and Transfer) Rules, 2009. When we confronted him on
whether any action was taken against the responsible persons who
allegedly floated the recruitment process without approval, the learned
A.A.G. argued that some disciplinary action was taken against the
Chief Conservator of Forest. It is not comprehensible that it was a oneman show; rather, other committee members, including all other
persons involved or engaged in receiving job applications, allowing
respondents to sit in the written tests and interviews, issuing
appointment letters, allowing joining and postings, preparing the
service books,
and
communicating
the names to
the
Accounts/Finance departments for incorporation in the payroll, must
have been involved in the process. However, the learned A.A.G neither
apprised us if any action was taken against them nor placed any
lawful justification as to why others were exonerated if the recruitment
process was allegedly a sham.
6. The record articulates that the drastic action of withdrawing
appointments letters and terminating service was carried out
without issuing any show cause notice and without affording any
opportunity of hearing to the terminated employees. The philosophy
of natural justice is meant for affording a right of audience before
any detrimental action is taken by any quasi-judicial authority,
statutory body, or any departmental authority regulated under some
law. The right to a fair trial is a fundamental right, while the vested
right, by and large, is a right that is unqualifiedly secured and does
not rest on any particular event or set of circumstances. The
doctrine of locus poenitentiae sheds light on the power of receding
till a decisive step is taken, but it is not a principle of law that an
order once passed becomes irrevocable and a past and closed
CPs 183-Q/23 etc.
4
transaction. Indubitably, if the order is found illegal, no perpetual
right can be claimed on the basis of such an illegal order, but in this
case, nothing was articulated to allege that the respondents by hook
and crook managed their appointments or committed any
misrepresentation or fraud or they were not eligible for the posts on
which their appointment was recommended by the Departmental
Recruitment Committee of five members where each case was
considered diligently, and after a burdensome exercise, the names
were recommended by the Departmental Recruitment Committee.
Therefore, it cannot be construed that the respondents were
appointed without fulfilling the codal formalities. Rather, on their
appointments with due process, some vested rights have been
created in their favour which could not have been withdrawn in a
perfunctory manner.
7. What can a desperate job seeker do? At best, he can apply for the
job in response to the advertisements of vacant posts, submit his
credentials according to the job requirements, and join the competitive
process through written tests and interviews, then wait for the result
and final call. It is not in his dominion to conduct due diligence, before
making a formal application, on whether the recruitment process by
means of advertisement in the newspaper for vacant situations is
issued by the competent authority or not. The record reflects that the
advertisement was published on 30.07.2016, the last date of
submission of the application was 22.08.2016, the date of
test/interviews was fixed on 19th & 20th September, 2016, and the
applicants were again informed through a notice published in the
newspaper on 27.08.2016, and a meeting of the Departmental
Recruitment Committee was convened on 29.08.2016. In the case at
hand, if the process was allegedly initiated wrongly, then why were the
concerned government departments under a deep slumber or
ignorance? Why, at very initial stage, was the entire recruitment
process not scraped? Why was the Departmental Recruitment
Committee constituted? Why were appointment orders issued with
postings? And why were service books made? All of these questions are
shrouded in a mystery and no logical justification was pleaded as to
why the entire recruitment process was undone suddenly.
8. As an ultimate fact-finding forum, the learned Service Tribunal has
already dealt with all the relevant features of the case and also relied
CPs 183-Q/23 etc.
5
on a judgment of this Court reported as Inspector General of Police,
Quetta and another vs Fida Muhammad and others (2022 SCMR 1583)
in which a somewhat similar bone of contention was dealt with and
the ratio of the judgment is quite applicable in this case. We have also
noted that in paragraph 19 of the impugned judgment, the learned
Tribunal, while allowing appeals of the respondents, fairly articulated
that the department should not compromise on the requisite academic
qualifications, and all academic certificates, testimonials, domiciles,
CNICs etc. were directed to be verified from the concerned
institutions/departments before activation of salaries and payment of
back benefits and in tandem, the department was also allowed to hold
an inquiry to ascertain whether the respondents were gainfully
employed or not during the intervening period.
9. The learned A.A.G. could not point out any illegality or infirmity in
the impugned judgment calling for any interference, therefore, leave is
declined and aforesaid civil petitions are dismissed.
Judge
Judge
Judge
ISLAMABAD
15th April, 2024
Mudassar/
“Approved for reporting
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