| Citation(s) |
| 1992 SLG 137 1992 SLD 137 = 1992 PLC(CS) 592 |
Appellate Tribunal Inland Revenue
Appeal No. 371/832/86, decided on 16th March, 1991.
Muhammad Mehmud Aslam Pirzada, Chairman and Abdul Hamid Khan, Member
MASUD ALI KHAN
VERSUS
GOVERNMENT OF THE PUNJAB through Chief Secretary, Punjab, Lahore
Law: Punjab Civil Servants Act, 1974
Section: 6
Civil service---- ---- Government of the Punjab Instructions for Writing the Confidential Reports, Instruction No. 28--Compulsory retirement---When case of civil servant for his compulsory retirement from service was considered by Provincial Review Committee, departmental representation filed by civil servant against adverse remarks, which were made basis of his retirement, were rejected by competent Authority, but his appeal against order competent Authority which was pending before Tribunal was accepted much after recommendations made by Provincial Review Committee, but sufficiently before meeting of Second Review Committee---In the backdrop of such proceedings, recommendations of both bodies (Review Committees), were in utter violation of Instruction No. 28 of Government of Punjab Instructions for Writing Confidential Reports, which had the force of Rules---Two Committees had made their recommendations in complete disregard of those Instructions as Committees could not do so before civil servant had exhausted all remedies available to him including his right of appeal before Tribunal for getting adverse remarks forming basis of compulsory retirement, expugned. Civil service---- --------Compulsory retirement---Minutes of meetings of Review Committees which had recommended compulsory retirement of civil servant, clearly showed that out of last 10 reports, only 3 reports had rated civil servant's integrity as `average' which meant that majority of reports about civil servant, were good and satisfactory---If entire service record of civil servant was taken into consideration, aggregate rating would still be favourable to him as even out of total of 29 confidential reports only 3 were in `average' category-- Guidelines for retiring civil servant prematurely, having provided that for retention of civil servant in service beyond 25 years aggregate rating of integrity, should be satisfactory---Review Committee did not assign due importance to the previous record of the civil servant----Civil servant should not have been condemned in circumstances. Words and phrases--- ---- Average---Meaning and scope. Standard…
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