| Case ID |
2c1f55af-134e-45b9-990e-05db2e1b11a8 |
| Body |
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| Case Number |
150/1628 of 1984 |
| Decision Date |
Dec 14, 1985 |
| Hearing Date |
|
| Decision |
The appeal filed by Muhammad Nawaz against the order of premature retirement was dismissed by the Service Tribunal. The Tribunal found that the allegations of malice against the Inspector-General of Police were not substantiated by evidence. The appellant failed to connect the competent authority, the Home Secretary, with any malice or undue influence from the I.G.P. The Tribunal emphasized that malice must be proven directly against the authority that issued the retirement order, which was not achieved in this case. Consequently, the retirement order was upheld as valid, and the appeal was dismissed with no order as to costs. |
| Summary |
In the case of Muhammad Nawaz vs. Government of Punjab, the appellant, a retired Deputy Superintendent of Police, challenged his premature retirement after 25 years of service under the Punjab Civil Servants Act. The Tribunal scrutinized allegations of malice against the Inspector-General of Police but found insufficient evidence to support claims that the retirement was influenced by personal enmity. The decision highlighted the importance of proving malice directly connected to the authority issuing the retirement order. The Tribunal dismissed the appeal, affirming the legitimacy of the retirement under relevant laws, including the Punjab Service Tribunals Act and the Provisional Constitution Order. This case underscores the legal standards required to prove claims of malice in administrative decisions, serving as a critical reference for similar future cases. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Government of Punjab,
Service Tribunal
|
| Judges |
S. ABDUL JABBAR KHAN,
ABDUL HAMIA CHAUDHRY,
MIAN FAIZ KARIM
|
| Lawyers |
Ch. Mushtaq Masood,
A.G. Humayun
|
| Petitioners |
MUHAMMAD NAWAZ
|
| Respondents |
GOVERNMENT OF PUNJAB through CHIEF SECRETARY
|
| Citations |
1986 SLD 2201,
1986 PLC 660
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants Act,
Provisional Constitution Order,
Punjab Service Tribunals Act
|
| Sections |
12(ii),
1 of 1981,
4
|