Fair trial plea: ‘Termination without notice is unconstitutional’

LAHORE:

Lahore High Court on Wednesday declared unconstitutional a law sanctioning termination of a civil servant without a notice.

Justice Syed Mansoor Ali Shah struck down Section 10 of the Civil Servants Act of 1974 under which services of any civil servant could be terminated without any notice.

He maintained that the law violated the right to a fair trial and due process of law guaranteed under the Article 10-A of the Constitution (a person shall be entitled to a fair trial and due process for the determination of his civil rights and obligations).

Justice Shah issued the verdict and disposed of three petitions filed by seven ex-civil judges against the termination of their service four years ago. He said the petitioners could now approach the Lahore High Court administration with a request for the restoration of their services.

The petitioners had held that termination of their services without any notice was unconstitutional and requested the court to strike down the law allowing that.

Published in The Express Tribune, May 7^th, 2015.