| Case ID |
250c33e8-51ac-417e-bdd7-f65d75140b86 |
| Body |
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| Case Number |
Appeal No. 270/90 of 1974 |
| Decision Date |
Jul 24, 1977 |
| Hearing Date |
|
| Decision |
The appeal of Nazir Hussain against his retirement was accepted by the Tribunal. The order of retirement was found to be based on a mistaken identity as the name listed in the newspaper did not accurately identify the appellant. Despite the retirement notification being issued, the Deputy Commissioner consistently pointed out that the name of the appellant was incorrect and that he had a good service record. Ultimately, the Tribunal ruled that the retirement order was without jurisdiction and that the appellant should continue in service. |
| Summary |
In the case of Nazir Hussain vs. Province of the Punjab, the Service Tribunal, Punjab addressed the appeal concerning the premature retirement of the appellant under the Removal from Service (Special Provisions) Regulation, 1971. The Tribunal found that the retirement order was issued based on a mistaken identity, as the name in the official retirement list was misrepresented in the newspaper. The Deputy Commissioner had consistently communicated that the appellant's name had been incorrectly included in the retirement list and highlighted that the appellant had a commendable service record. The Tribunal concluded that the retirement order lacked jurisdiction and directed that Nazir Hussain be reinstated in service. This case emphasizes the importance of accurate record-keeping and the necessity for due process in administrative actions, particularly concerning employment and retirement regulations. The decision reinforces the legal principle that any action taken without proper authority or jurisdiction is invalid. This ruling serves as a critical reference point in administrative law, particularly in cases involving wrongful termination or retirement. The judgment also underscores the need for clarity and precision in public service notifications to prevent misidentification and unjust treatment of employees. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Board of Revenue, Punjab,
Deputy Commissioner, Sheikhupura
|
| Judges |
M. Saleem Chaudhry (Chairman),
Ashfaq Ali Khan (Member),
Khalid Farooq Akbar (Member)
|
| Lawyers |
Malik Asam Rasul
|
| Petitioners |
Nazir Hussain
|
| Respondents |
Province of the Punjab
|
| Citations |
1979 SLD 1113,
1979 PLC 18
|
| Other Citations |
P L D 1973 Lah. 778,
Writ Petition No. 1154 of 1972
|
| Laws Involved |
Removal from Service (Special Provisions) Regulation, 1971
|
| Sections |
Para. 3(1)
|