| Case ID |
04540660-18d9-463d-8230-c6ca50def56d |
| Body |
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| Case Number |
Case No. 41811536 of 1981 |
| Decision Date |
May 09, 1982 |
| Hearing Date |
|
| Decision |
The appeal filed by Abdul Nawaz against the order of retirement was dismissed by the tribunal. It was determined that Abdul Nawaz had completed the required 25 years of service and was retired by a competent authority, thus, his appeal did not have merit. The tribunal noted that there was no malice in the retirement process and that the Deputy Commissioner's order to reinstate him did not negate the retirement order issued by the Commandant. The tribunal upheld the legality of the retirement under section 12(ii) of the Punjab Civil Servants Act, 1974, confirming that the appellant was not fit to continue in service due to a chequered service record. |
| Summary |
In the case of Abdul Nawaz vs. Political Assistant/Commandant, B.M.P., Dera Ghazi Khan, the Punjab Service Tribunal addressed the appeal of Abdul Nawaz who was retired from service after completing 25 years of service. The tribunal examined the circumstances surrounding his retirement, which was executed under section 12(ii) of the Punjab Civil Servants Act, 1974. The tribunal found that the retirement was legally sound, as it was conducted by a competent authority without any malicious intent. The appellant argued that his retirement should be declared void since it occurred during his suspension; however, the tribunal emphasized that the Deputy Commissioner’s intervention merely addressed procedural issues and did not invalidate the original retirement order. This case underscores the significance of adhering to legal protocols in civil service matters and highlights the tribunal's role in ensuring that decisions are made fairly and in accordance with established laws. Keywords: Punjab Service Tribunal, retirement, civil servant, competent authority, legal protocols, section 12(ii), Punjab Civil Servants Act. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
S. ABDUL, JABBAR KHAN, CHAIRMAN
|
| Lawyers |
Haroonur Rashid Cheema
|
| Petitioners |
ABDUL NAWAZ
|
| Respondents |
POLITICAL ASSISTANT/ COMMANDANT, B.M.P., DERA GHAZI KHAN,
Deputy Commissioner, D.G. Khan,
Commissioner Multan Division, Multan,
Pervaiz Iqbal, Daffadar B.M.P.
|
| Citations |
1986 SLD 2399,
1986 PLC 1028
|
| Other Citations |
Shabih-ul-Raza v. I.-G. Police Case No. 384/677 of 1980
|
| Laws Involved |
Punjab Civil Servants Act (VIII of 1974)
|
| Sections |
12(ii)
|