| Case ID |
ffb9821b-713b-4359-aa9a-5457789f9681 |
| Body |
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| Case Number |
584/525 of 1974 |
| Decision Date |
Aug 03, 1980 |
| Hearing Date |
|
| Decision |
The appeal by Muhammad Anwar Malik against his premature retirement was accepted. The Service Tribunal found that the competent authority, which was supposed to form an independent opinion according to the requirements of paragraph (3) (1) of M. L. R. 114, did not do so. Consequently, the retirement order was held not sustainable. The Tribunal emphasized that the competent authority must apply its mind and form an opinion based on the material available before it, which was not done in this case. |
| Summary |
This case involves the appeal of Muhammad Anwar Malik, who was prematurely retired under the Removal from Service (Special Provisions) Regulation, M. L. R. 114 of 1972. The Service Tribunal, Punjab, examined whether the competent authority formed an independent opinion based on the material before it, as required by the regulation. The Tribunal found that the competent authority, namely the President of Pakistan, did not apply its mind independently, and the retirement order was thus deemed unsustainable. Muhammad Anwar Malik's appeal was accepted, highlighting the importance of procedural fairness and the necessity for competent authorities to adhere strictly to regulatory requirements. The case also references the procedures established under the Punjab Service Tribunals Act, S. 8. Trending keywords include 'premature retirement', 'competent authority', 'Service Tribunal Punjab', and 'Procedural Fairness'. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Punjab Building & Roads Department,
Provincial Works Department
|
| Judges |
M. SALEEM CHAUDHRY,
S. HAFEEZ-UR-REHMAN
|
| Lawyers |
|
| Petitioners |
MUHAMMAD ANWAR MALIK
|
| Respondents |
FEDERATION OF PAKISTAN
|
| Citations |
1981 SLD 2243,
1981 PLC 418
|
| Other Citations |
P L D 1980 S C 292,
P L D 1980 S C 22
|
| Laws Involved |
Removal from Service (Special Provisions) Regulation,
Punjab Service Tribunals Act
|
| Sections |
M. L. R. 114 of 1972,
Para. 3 (1),
S. 8
|