| Case ID |
39033600-91c6-47ea-8a81-809512590c6b |
| Body |
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| Case Number |
Appeal No. 80/711 of 1976 |
| Decision Date |
Nov 11, 1979 |
| Hearing Date |
|
| Decision |
The appeal of Haji Dur Muhammad Chishti against the order of his compulsory retirement was accepted. The tribunal found that the scrutiny conducted in 1973 had deemed the appellant suitable for continuation in service, and there was no adverse material against him after that date. The tribunal ruled that the order of retirement made in 1975 was unsustainable due to the lack of jurisdiction by the Commissioner and the satisfactory record of the appellant post-1973. Thus, the tribunal set aside the impugned orders. |
| Summary |
This case revolves around Haji Dur Muhammad Chishti's appeal against his compulsory retirement under the Punjab Civil Servants Act of 1974. The tribunal reviewed the case, focusing on the legality of the retirement order issued by the Commissioner of Bahawalpur and the previous scrutiny conducted under the Interim Constitution of Pakistan. The tribunal emphasized the importance of proper jurisdiction and authority in the retirement process, ultimately ruling in favor of the appellant. The case highlights key aspects of employment law, specifically regarding civil servants' rights and the procedural safeguards in place under the Punjab Civil Servants Act. The decision reinforces the criteria for continued service and the necessity for competent authority in retirement decisions, making it a significant reference point for similar cases in the future. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
M. Saleem Chaudhry (Chairman),
Mazhar Munir,
S. Hafeez-ur-Rehman
|
| Lawyers |
Not available
|
| Petitioners |
Haji Dur Muhammad Chishti
|
| Respondents |
Commissioner, Bahawalpur
|
| Citations |
1980 SLD 1357,
1980 PLC 188
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants Act (VIII of 1974),
Constitution of Pakistan (1972),
Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974,
Punjab Civil Servants (Change in Nomenclature of Services and Abolition of Classes) Rules, 1974
|
| Sections |
12,
178,
221(4)(a),
6,
2
|