| Case ID |
e258e2fd-edb0-4c1c-be15-5f1152c9b006 |
| Body |
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| Case Number |
Appeal No. 6 of 1979 |
| Decision Date |
Jun 07, 1979 |
| Hearing Date |
|
| Decision |
The appellant, Anwar Ali, was retired under section 13(1) of the Sind Civil Servants Act, 1973. The tribunal found that the contention for an inquiry prior to the retirement order was unfounded, as such an inquiry is not necessary in this context. The retirement under section 13(1) does not equate to removal from service nor does it constitute a penalty; hence, it does not carry any stigma. The competent authority has the discretion to determine the public interest concerning the retirement of civil servants after 25 years of service. The tribunal concluded that Anwar Ali could not be deemed an aggrieved person in this scenario unless it could be evidenced that there was an abuse of power or colorable exercise of authority, as established by the Supreme Court in PLD 1970 SC 98. Since no evidence was provided to support such claims, the appeal was dismissed summarily. |
| Summary |
The case revolves around the retirement of civil servant Anwar Ali under section 13(1) of the Sind Civil Servants Act, 1973. The Service Tribunal, comprising Chairman Ghulam Rasool Shaikh and members Abdul Kadir and G. A. Mughal, ruled that the retirement process did not require an inquiry, as it is not tantamount to a penalty or removal from service, and does not carry any stigma. This decision is crucial for understanding the rights of civil servants regarding their retirement and the powers of competent authorities in such matters. The ruling emphasizes the importance of public interest in determining whether civil servants should continue in service after completing 25 years. The tribunal referenced the precedent set by the Supreme Court in PLD 1970 SC 98, establishing the principle that civil servants can only appeal their retirement if they can prove an abuse of power. This case is significant for civil service law in Pakistan and underlines the legal framework surrounding civil servant retirements, offering insights into the balance between individual rights and public interest. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
GHULAM RASOOL SHAIKH (CHAIRMAN),
ABDUL KADIR (MEMBER),
G. A. MUGHAL (MEMBER)
|
| Lawyers |
Naimatullah
|
| Petitioners |
ANWAR ALI
|
| Respondents |
OTHERS,
PROVINCE OF SIND
|
| Citations |
1980 SLD 1480,
1980 PLC 571
|
| Other Citations |
P L D 1970 S C 98
|
| Laws Involved |
Sind Civil Servants Act (XIV of 1973),
Sind Service Tribunals Act (XV of 1974)
|
| Sections |
13(i),
4
|