| Case ID |
f97e3e4e-d315-4d6b-b52f-ad0478006aaa |
| Body |
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| Case Number |
Service Appeals Nos.39, 71 to 75, 79, 82 and 83 of |
| Decision Date |
Oct 17, 2002 |
| Hearing Date |
|
| Decision |
The Service Tribunal dismissed the appeals of the petitioners, holding that the notifications issued for retirement were valid and did not violate principles of natural justice. The Tribunal affirmed that the petitioners were retired on completion of their 25 years of service with full benefits, and the actions taken by the Competent Authority were just, fair, and equitable. The amendments in the Balochistan Civil Servants Act were found to provide adequate notice and opportunity for the civil servants before retirement, thus ensuring compliance with due process. |
| Summary |
This case involves multiple service appeals concerning the retirement of several civil servants from Balochistan on allegations of misconduct and corruption. The Service Tribunal of Balochistan examined the legal framework regarding the retirement provisions as laid out in the Balochistan Civil Servants Act (IX of 1974) and the amendments made by Ordinance IV of 2000. The Tribunal reaffirmed the authority of the Governor to retire civil servants after 25 years of service and emphasized the importance of compliance with procedural safeguards to uphold natural justice. Key arguments revolved around the validity of the retirement notifications and the jurisdiction of the Tribunal to assess the vires of the amendments. The decision underscores the balance between administrative authority and the rights of civil servants, ensuring that due process is maintained in disciplinary actions. Keywords related to civil service, retirement, misconduct, and administrative law are crucial for understanding the legal implications of this case. |
| Court |
Service Tribunal, Balochistan
|
| Entities Involved |
|
| Judges |
JUSTICE AMANULLAH KHAN,
MUHAMMAD IDREES BALOCH,
SYEDA TAHIRA SAFDAR
|
| Lawyers |
MUHAMMAD ASLAM CHISHTI,
GHULAM MUSTAFA MENGAL,
ASHRAF KHAN TANOLI
|
| Petitioners |
JAN MUHAMMAD,
ABDUL HAKIM,
MUHAMMAD IRFAN KASI,
COL. (R.) MUHAMMAD HASHIM,
MUHAMMAD KALEEM NASIR,
BUDHAR DAS,
RAHIM SHAH ABDULLAHZAI,
SARDAR MUNIR AHMED,
MUHAMMAD ASLAM JAMALI
|
| Respondents |
PROVINCE OF BALOCHISTAN
|
| Citations |
2003 SLD 951 = 2003 PLC 619
|
| Other Citations |
Muhammad Hashim Khan and others v. Province of Balochistan and others PLD 1976 Ouetta 59,
Fazal Ellahi and 22 others v. Government of Punjab and 13 others PLD 1977 Lah. 549,
Province of Punjab through Secretary, Health v. Dr. S. Muhammad Zafar Bukhari PLD 1997 SC 351,
I.A. Sherwani v. Government of Pakistan through Secretary Finance, Islamabad and others 1991 SCMR 1041,
Zafar Ali Shah's case PLD 2000 SC 869,
Wasim Sajjad v. Federation of Pakistan PLD 2001 SC 223,
Khan Asfand Yar Wali v. Federation of Pakistan PLD 2001 SC 607,
Qazi Hussain Ahmed's case PLD 2002 SC 853
|
| Laws Involved |
Balochistan Civil Servants Act (IX of 1974),
Provisional Constitution Order (I of 1999),
Balochistan Service Tribunals Act (V of 1974),
Constitution of Pakistan (1973)
|
| Sections |
13,
13 (as amended by Balochistan Civil Servants (Amendment) Ordinance (IV of 2000)),
3 & 4,
4,
212
|