HYDERABAD, Nov 20: The Sindh High Court Hyderabad circuit bench on Wednesday set aside an order of termination of service of an employee of the National Data Base and Registration Authority.

Abdul Hafeez Nizamani filed a constitutional petition through Ejaz Ali Hakro advocate, stating that he was appointed assistant manager on contract in Nadra’s National Swift Registration Centre Badin on February 15, 2003.

He said that he proceeded on 20-day leave from August 27 to September 15, 2006 and respondent Chairman NADRA illegally issued termination order dated August 31, 2006 along with Ahmed Waqas Langha, area manager and Sajid Aziz, system engineer without any show cause notice, explanation, charge sheet or giving opportunity of personal hearing.

He said that the respondent DG Nadra cancelled termination order of Ahmed Waqas Langha and Sajid Aziz i.e., on September 11, 2006, intimating that earlier order may be treated as cancelled against above employees without any reason.

He said that he was not aware of any allegation on the basis of which his service was terminated.

The petitioner preferred an appeal before Chairman on September 23, 2006 and was informed that his appeal had been dismissed because it was not considered at appropriate level.

He said that respondents were under legal obligation to initiate inquiry through authorised officer and required to issue show cause notice or charge sheet and after calling the reply from petitioners and conduct enquiry as provide under Rule 5 and 6 of E&D Rules 1973.

He said that respondents without observing legal formalities and without considering the contents of appeal illegally maintained termination order of services and dismissed the appeal of petitioner.

He said that respondents proceeded ex-parte without applying judicial mind and conducting enquiry.

He said that respondents had not assigned any reason or ground or allegation in regard to termination order dated August 31, 2006 and rejected appeal on October 4, 2006 though they were bound under law to act as per provision of E&D Rules.

He said that this order was liable to be declared as void and may be cancelled. He prayed the court to declare orders, terminating his services and dismissing appeal as illegal. He said that he should be allowed to continue as assistant manager with all benefits.

Respondents filed their para-wise comments, mentioning that termination order was issued with the approval of Chairman Nadra after completing all formalities. When the court inquired from law officer, Mujahid Khan of Nadra whether anywhere in the comments it was mentioned that any show cause notice or statement of allegations was served upon him, he stated that termination order was issued after legal formalities.

The court observed that while terminating services of petitioner, principles of natural justice were not adhered to and through a common order the service of petitioner along with two other employees were terminated and except petitioner, the other two were reinstated, showing malafide on the part of respondents.

The court set aside the order dated August 31, directing that petitioner shall be deemed to be in service from the date of his termination order.