LAHORE, Nov 10: Justice Hafiz Tariq Nasim of the Lahore High Court on Monday reinstated an additional prosecutor general terminated on account of absence from duty.

Petitioner Abdul Rahman Ghazi was practically condemned unheard, the judge held while restoring his job.

Ghazi said he was appointed additional prosecutor general (BS-19) on Nov 15, 2006. On March 10, 2007, he applied for a two-week leave as he had to go to the US to meet his ailing son. Owing to bad health of his son, he had to extend his stay in the US so he submitted another application on March 20, 2007, seeking an extension in his leave. He said he was condemned unheard and was neither given any charge-sheet nor a show-cause notice.

An additional advocate general, appearing before the court, contended that the petitioner was a contract employee and could not insist upon his reinstatement despite the fact that he was terminated on account of some allegations.

Justice Nasim, after hearing the arguments of both sides, observed that no document was available in the government file which could reflect that the petitioner was informed about the fate of his application.

The judge observed: “No doubt, a contract employee’s service can be dispensed with according to terms and conditions of the contract, but it is a well settled law laid down by the apex court whenever an employee is terminated … he shall be entitled to the right of self-defence through the course of a regular inquiry which of course is missing in the present controversy.”

However, the intervening period from the date of termination to the date of order of this court shall be treated as extraordinary leave without pay, the judge wrote in his order.