| Case ID |
2b54ab14-22b2-455f-9499-6077396d2ad9 |
| Body |
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| Case Number |
117/39 of 1985 |
| Decision Date |
Dec 17, 1985 |
| Hearing Date |
|
| Decision |
The appeal filed by Mazhar Ali against the orders of compulsory retirement and termination of lien was dismissed by the Service Tribunal. The Tribunal found that the appellant had not exhausted the required departmental remedies prior to appealing. The Tribunal also noted that the appellant's appeal was time-barred as it was not filed within the stipulated 30 days after the rejection of his review petition. Consequently, the appeal was deemed premature, and the Tribunal directed the appellant to exhaust all available remedies under the Punjab Service Tribunals Act, 1974 before pursuing the matter further. |
| Summary |
In the case of Mazhar Ali vs. Secretary to Government of Punjab Irrigation and Power Department, the Service Tribunal addressed an appeal regarding the compulsory retirement of the appellant. The Tribunal emphasized the importance of exhausting departmental remedies as a prerequisite for appealing. The case revolved around the interpretation of the Punjab Service Tribunals Act, 1974, particularly section 4, which mandates that an employee must first approach higher authorities before escalating a matter to the Tribunal. The appellant's failure to adhere to this requirement resulted in the dismissal of his appeal as premature. This case highlights the procedural requirements for civil servants in Punjab and the legal implications of non-compliance with established protocols, making it a significant reference point for similar cases in the future. Relevant laws include the Punjab Service Tribunals Act and the Punjab Civil Servants Act, both of which govern the conduct and rights of civil servants. Lawyers involved included Masud Ahmad Riaz for the appellant and Hafiz Tariq Naseem for the Federal Government, showcasing the legal representation critical in such administrative disputes. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
S. ABDUL JABBAR KHAN (CHAIRMAN),
ABDUL HAMID CHAUDHRY,
MIAN FAIZ KARIM
|
| Lawyers |
Masud Ahmad Riaz,
Hafiz Tariq Naseem,
Haroonur Rashid Cheema
|
| Petitioners |
Mazhar Ali
|
| Respondents |
2 others,
SECRETARY TO GOVERNMENT OF PUNJAB IRRIGATION AND POWER DEPARTMENT, LAHORE
|
| Citations |
1988 SLD 1154,
1988 PLC 538
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Service Tribunals Act (IX of 1974),
Punjab Civil Servants Act (VIII of 1974)
|
| Sections |
4,
21(2)
|