| Case ID |
1ff6154b-43d7-472f-b71b-c85644d0c101 |
| Body |
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| Case Number |
132/114 of 1974 |
| Decision Date |
Feb 01, 1984 |
| Hearing Date |
|
| Decision |
The Tribunal accepted the appeal, set aside the impugned order of retirement dated 18th March, 1972, and directed that the appellant be reinstated with all consequential benefits as if he had never been out of service. The case was remanded back for fresh decision on merits in light of the appellant's unblemished service record. The decision emphasized that the retirement was unjustified, based on motivated complaints rather than an independent assessment of the appellant's performance. |
| Summary |
In the landmark case of Dr. Syed GHOUS MUHAMMAD SHAH vs. PUNJAB PROVINCE, the Punjab Service Tribunal overturned the premature retirement of the appellant under M.L.R. 114, which was based on allegations of corruption. The Tribunal found that the appellant had an unblemished service record spanning over three decades, with commendations from superiors highlighting his integrity and efficiency. The decision underscored the importance of proper evaluation of service records before making such significant employment decisions. The ruling reinforced the principle that administrative actions must be grounded in fair and factual assessments rather than motivated complaints, thus ensuring justice for civil servants. The Tribunal's decision serves as a vital precedent in protecting the rights of public servants against arbitrary actions and emphasizes the necessity of transparency and accountability in administrative processes. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
S. ABDUL JABBAR KHAN,
MALIK ZAWWAR HUSSAIN,
ABDUL HAMID CHAUDHRY
|
| Lawyers |
Riaz Anwar Asadi,
A. G. Humayun
|
| Petitioners |
Dr. Syed GHOUS MUHAMMAD SHAH
|
| Respondents |
PUNJAB PROVINCE
|
| Citations |
1984 SLD 1939,
1984 PLC 1539
|
| Other Citations |
Muhammad Israr Nabi v. Province of Punjab P L D 1980 S C 298
|
| Laws Involved |
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
4
|