| Case ID |
fffba49b-7f9e-49bd-a09f-c8c4fc9a15f4 |
| Body |
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| Case Number |
Appeal No. 158 of 1987 |
| Decision Date |
Dec 04, 1990 |
| Hearing Date |
Oct 17, 1990 |
| Decision |
The tribunal set aside the order of compulsory retirement against the civil servant, Mrs. Z. MAHMOOD MIRZA, and reinstated her in service. The tribunal found that the inaction of the Authority and its advice to submit applications through the Embassy created a reasonable impression that the extension would be granted. The tribunal condoned the delay in the civil servant's return to Pakistan, recognizing the time needed to wind up affairs abroad. The tribunal concluded that the penalty of compulsory retirement was not justified and reinstated the civil servant. |
| Summary |
In this case, the Service Tribunal of Punjab dealt with the issue of compulsory retirement as a major penalty against a civil servant, Mrs. Z. MAHMOOD MIRZA, due to unauthorized absence from duty. The civil servant had been on deputation abroad, which was extended multiple times. Despite regularly applying for further extensions, the Authority did not act on those applications except in two instances where they advised submission through the Embassy. The civil servant was penalized with compulsory retirement after departmental proceedings. However, the tribunal found that the Authority's inaction and advice created a reasonable expectation of extension. The tribunal condoned the delay in the civil servant's return, recognizing the practical time needed to conclude affairs abroad. Consequently, the tribunal set aside the retirement order and reinstated the civil servant, emphasizing the lack of due process in the Authority's actions. This case highlights issues of administrative fairness and procedural justice in civil service matters. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Civil servant,
Authority,
Embassy of Pakistan,
Foreign Government
|
| Judges |
MUHAMMAD MAHMUD ASLAM PIRZADA,
ABDUL HAMID KHAN
|
| Lawyers |
MA. Riaz,
A.G. Humayun
|
| Petitioners |
Mrs. Z. MAHMOOD MIRZA
|
| Respondents |
GOVERNMENT OF THE PUNJAB through Chief Secretary, Punjab and another
|
| Citations |
1992 SLD 960,
1992 PLC 782
|
| Other Citations |
1986 PLC (C.S.) 685
|
| Laws Involved |
Not available
|
| Sections |
Not available
|