| Case ID |
028c52a2-977c-4c7e-bad8-0ae0c5d50f8f |
| Body |
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| Case Number |
Appeal No. 6 of 1979 |
| Decision Date |
Jun 07, 1979 |
| Hearing Date |
|
| Decision |
The appellant, Anwar Ali, was retired under section 13(1) of the Sind Civil Servants Act, 1973. The Tribunal concluded that an inquiry prior to the retirement order was unnecessary, as retirement under this section does not constitute removal from service or a penalty. The authority responsible for the retirement has the discretion to determine whether it is in the public interest to retire a civil servant upon completion of 25 years of service. The Tribunal found that Anwar Ali was not an aggrieved person, as there was no evidence of a colorable exercise or abuse of power. Consequently, the appeal was summarily dismissed. |
| Summary |
The case revolves around Anwar Ali's retirement under the Sind Civil Servants Act, 1973, specifically section 13(i). The Service Tribunal of Sindh ruled that such retirement does not imply any penalty or stigma, and no inquiry was required prior to the retirement order. The decision emphasized that the competent authority holds the discretion to decide on the continuation of service based on public interest after 25 years of service. The Tribunal found no grounds for Anwar Ali to be considered an aggrieved person, leading to the dismissal of the appeal. This case underscores the legal framework surrounding civil service retirement and the powers vested in public authorities, making it a significant reference for similar future cases. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
GHULAM RASOOL SHAIKH (CHAIRMAN),
ABDUL KADIR,
G. A. MUGHAL
|
| Lawyers |
Naimatullah
|
| Petitioners |
ANWAR ALI
|
| Respondents |
PROVINCE OF SIND AND OTHERS
|
| Citations |
1980 SLD 1479,
1980 PLC 571
|
| Other Citations |
P L D 1970 S C 98
|
| Laws Involved |
Sind Civil Servants Act,
Sind Service Tribunals Act
|
| Sections |
13(i),
4
|