| Citation(s) |
|---|
| 1980 SLG 3023 = 1980 SLD 3023 = 1980 PLC 139 |
Lahore High Court
Regular First Appeal No. 2 of 1970, decided on 22nd. December, 1979.
Presented By: Abdul Shakurul ,Slam. and Nisur Alunad, JJ
Muhammad Nawaz v. Government of Pakistan, through the Secretary Communications and another P L D 1962 Lah. 443 and Pakistan through General Manager P. W. R., Lahore v. Messrs A. V. Issacs P L D 1970 S C 415 rel. Syed Raza Kazim and A. H. Najfi for Appellant. Asif Jan, Addl. A.-G. and Ch. Muhammad Sarwar for
Respondents.
Regular First Appeal No. 2 of 1970, decided on 22nd. December, 1979.
Presented By: Abdul Shakurul ,Slam. and Nisur Alunad, JJ
Muhammad Nawaz v. Government of Pakistan, through the Secretary Communications and another P L D 1962 Lah. 443 and Pakistan through General Manager P. W. R., Lahore v. Messrs A. V. Issacs P L D 1970 S C 415 rel. Syed Raza Kazim and A. H. Najfi for Appellant. Asif Jan, Addl. A.-G. and Ch. Muhammad Sarwar for
Respondents.
A. R. AZAR
VERSUS
PAKISTAN THROUGH THE CHAIRMAN, RAILWAY BOARD. P. W. R., LAHORE AND 5 OTHERS
Law: Civil Service Regulations, 1960
Section: 465-A
Law: Contract Act (IX of 1872)
Section: 16
(a) Railway Servants (Efficiency and Discipline) Rules, 1961 And Government Servants (Further Usefulness in Public Service) Rules, 1962 read with Civil Service Regulations, r. 465-A, Note (1)- Civil servant-Compulsory retirement-Termination of service Railway servant applying for leave preparatory to retirement and signing notice for termination of service in accordance with service agreement with Secretary of State for India under threat of compulsory retirement-Such threat found to be hollow in absence of anything to form basis of action and confidential reports placed on record not calling for such action-Threat of compulsory retirement not capable of being carried out under relevant rules without a snow cause notice-Nothing brought on record that there was public interest in dispensing with services of Railway servant having excellent report about his ability, capacity for work and incorruptability of character Civil Service Regulation, r. 465-A, Note (1) neither applicable nor applied by Government-Termination of services of Railway servant amounted to compulsory retirement-Held, provisions of Constitution and law not having been followed, such compulsory retirement wrongful-Constitution of Pakistan (1962). Zafar-ul-Ahsan v. Republic of Pakistan P L D 1959 Lah. 879; Zafar-ul -Ahsan v. The Republic of Pakistan P L D 1960 S C 113; Stephenson v. The London Joint Stock Bank Ltd. 20 T L R 8; Addis v. Gramophone Company Ltd. 1909 A C 489; Rubel Bronze & Metal Company Limited and Yes : In re (1918) K B 315 and Abraham Reuben v. The Karachi Municipality A I R 1929 Sind 69 ref: (b) Contract Act (IX of 1872) S. 16---Coercion---"Undue influence"-Person finding himself losing his honour or surrendering to demands of another.-Choice to save honour by surrendering right-Held, neither free nor voluntary but under compulsion of circumstances--Act not done freely and voluntarily but under pressure impermissible in law-Does not bind doer. A gentleman would do anything to avoid public disgrace and dishonour. If he acts in such circumstances, it cannot be said that he is acting freely and voluntarily and not under the compulsion of circumstances and if the…