| Case ID |
37fb707f-8d4c-45ec-a684-1b1f549947c7 |
| Body |
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| Case Number |
Appeal No. 440/1088 of 1988 |
| Decision Date |
May 23, 1990 |
| Hearing Date |
May 14, 1990 |
| Decision |
The appeal filed by Sher Ali Khan, a former Naib-Tehsildar, under section 4 of the Punjab Service Tribunals Act, 1974, was allowed. The Tribunal found that the appellant's service record was satisfactory overall, and that adverse reports regarding his performance were not communicated to him, rendering them invalid for the purpose of his compulsory retirement. Consequently, the order of retirement was set aside, and the appellant was reinstated in service, with the intervening period treated as leave. The decision underscores the importance of transparency in performance evaluations and the protection of civil servants' rights under the law. |
| Summary |
In the case of Sher Ali Khan vs. Commissioner, Multan Division, the Service Tribunal of Punjab addressed the appeal of a civil servant who was compelled to retire based on unsatisfactory service records that were not communicated to him. The Tribunal, led by Chairman Muhammad Mahmud Aslam Pirzada and Member Abdul Hamid Khan, scrutinized the service records, highlighting that the appellant had a commendable service history with only a few uncommunicated adverse remarks. This case emphasizes the legal protections provided to civil servants under the Punjab Civil Servants Act, as well as the jurisdiction of the Service Tribunal in overturning unjust retirement orders. The decision reflects the principles of fairness and accountability in public service, ensuring that adverse evaluations must be communicated to the individuals concerned. The judgment also reinforces the significance of maintaining a transparent evaluation system within government services, thereby promoting trust and integrity in public administration. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Mahmud Aslam Pirzada (Chairman),
Abdul Hamid Khan (Member)
|
| Lawyers |
MA. Riaz for Appellant,
A.G. Hamayun, DA. for Respondents
|
| Petitioners |
Sher Ali Khan
|
| Respondents |
Member (Revenue) Board of Revenue, Punjab,
Commissioner, Multan Division
|
| Citations |
1991 SLD 1796,
1991 PLC 33
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants Act (VIII of 1974),
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
12(ii),
4
|