Law: Specific Relief Act (I of 1877)

Section: 32

Law: Limitation Act (IX of 1908)

Section: 125

(a) Laws (Continuance in Force) Order, 1958  Art. 6(3)Screening of public servantsRetirementHeld,. a (lesser punishment and cannot be equated with removal or dismissal from service.[Civil service]. (b) Laws (Continuance in Force) Order, 1958  Art. 6 read with Public Conduct (Scrutiny) Ordinance (III of 1959) and Public Conduct (Scrutiny) Rules, 1959Ground of "inefficiency" deleted from Rules and not from Art. 6 of OrderRetirement of public servant under Art. 6 of Order on ground of inefficiencyHeld, not open to challenge.[Civil service]. Government of East Pakistan v. Murzuqullah and 4 others P L D 1969 S C 1 and Ch. Ali Muhammad v. Government of Pakistan 1974 S C M R 112 rel. (c) Laws (Continuance in Force) Order, 1958  Art. 6(5)(b) read with Public Conduct (Scrutiny) Rules, 1959"Corruption" and "reputation of being corrupt"Held, not two different concepts.[Words and phrases]. (d) Specific Relief Act (I of 1877)  S. 42Declaratory suitDiscretionary reliefSuch relief cannot be granted to a person seeking restoration to public .post.[Civil service]. (e) Limitation Act (IX of 1908) Art. 120LachesSuit by public servant seeking restoration to his officeCivil Court held to have jurisdiction and Art. 120 applicable to suitSuch suit cannot be dismissed simply on ground of laches.[Civil service]. Chairman,. District Screening Committee v. Sharif Ahmad Hashmi P L v 1976 S C 258 distinguished. (f ) Laws (Continuance in Force) Order, 1958  Art. 5 read with Public Conduct (Scrutiny) Rules, 1959Screening Committee curtailing period of appeal against dismissal from service from 15 days to one weekAggrieved public servant filing appeal within such periodSuch order of Screening Committee cannot be vitiated in absence of prejudice. [Civil service]. Date of bearing : 3rd December, 1978.                                                                                                  …