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Petitioner: MUHAMMAD NISAR KHAN VS Respondent: GOVERNMENT OF THE PUNJAB
1992 P L C (C
1992 P L C (C.S.) 26
[Service Tribunal Punjab]
Present: Muhammad Mehmood Aslam Pirzada, Chairman
MUHAMMAD NISAR KHAN
Versus
GOVERNMENT OF THE PUNJAB, through Chief Secretary and another
Appeal No.579/463 of 1983, decided on 18th September, 1990.
Punjab Civil Servants Act (VIII of 1974)--
----S.12---Punjab Service Tribunals Act (IX of 1974), S.4---Compulsory retirement from service---Validity---Authorised Officer agreeing with Enquiry Officer's report, recommended compulsory retirement of civil servant to Authority-- Authority disagreeing with Authorized Officer's recommendations, sending civil servant's case back for further enquiry---Authorized Officer ultimately informing Authority, that Enquiry Officer was not willing to make further enquiry and that civil servant be retired compulsorily, whereupon civil servant was compulsorily retired---Evidence on record did not link civil servant with the charge levelled against him and same was found to be the result of giving factional colour to whole thing and was not confidence inspiring-- Evidence on record indicated that civil servant had been wrongly deemed to be guilty of charge levelled against him and that senior officers of Government who had acted on behalf of Authority, were fully justified in exonerating civil servant---Civil Servant's compulsory retirement was set aside and he was reinstated in service.
Ch. Mushtaq Masood for Appellant,
A.G. Humayun, DA. for Respondent No.l.
Malik Azam Rasool for Respondent No.2.
Date of hearing: 23rd May, 1990.