If the head of state wants to remove his subordinates, he can do so only if he entertains some doubts about him because it is the rule that the retention of such a person is likely to create mischief and does advance welfare or benefit. In general there are three alternatives, the first alternative is that he may remove him to substitute him with a person of lower qualifications. This is not permissible since therein lies the loss of public interest in view of the superiority of his qualifications and it is not open to the imam to act against public interest. The second alternative is to remove him for appointing in his place a better person. This certainly advances public interest or interest of the Muslims and is permissible. The third alternative is that the man to be appointed holds similar qualifications as the one who is to be removed.
19866 PLC (C.S) 480, Dismissal for misconduct-charge of fabrication of record and preparing fictitious letter- the accused confessed the charge in statement on oath before two different officers but later resiled. Two concurrent findings of facts were against the accused by punishing an appellate authorities. Accused could not be allowed to resile from his confession take shelter behind his own statement. The Tribunal declined to interfere.
Sec 11 of civil servant act 1973 defines termination of service,
- The service of a civil servant may be terminated without notice:
- During the initial or extended period of his probation;
Provided that, where such civil servant is appointed by promotion on probation or, as the case may be, is transferred from one service, cadre or post to another service, cadre or post, his service shall not be so terminated so long as he holds a lien against his former post in such service, cadre or post but he shall be reverted to his former service cadre, or post as the case may be….
- On the expiry of the initial or extended period of his employment; or
- If the appointment is made ad hoc terminable on the appointment of a person on the recommendation of the selection authority, on the appointment of such person.
- Where, on the abolition of a post or reduction in the number of posts in a cadre or service, the services of a civil servant are required to be terminated, the person whose services of a terminated shall ordinarily be the one who is the most junior in such cadre or service.
- Notwithstanding the provisions of sub-section 1, but subject to the provisions of sub-section 2 the service of a civil servant in temporary employment or appointed ad hoc shall be liable to termination on fourteen days notice or pay in lieu thereof.
