Case Details

Citation(s)
1989 SLD 187 = 1989 PLC(CS) 650
Lahore High Court
Writ Petition No. 1786 of 1982, decided on 13th February, 1989.
Abdul Shakurul Salam, CJ and Lehrasap Khan, a

MUHAMMAD RIAZ MALIK

VERSUS

Syed ASAD ALI SHAH-and others

Law:

Section:

ABDUL SHAKURUL SALAM, CJ.--The petitioner joined service as Probationary Officer in the P.I.D.C. on 15-10-1959. In the year 1979 he was holding the post of Managing Director, Punjab Small Industries Corporation. An enquiry was ordered on charges relating to supply of sub-standard furniture to the Education Department during the financial year 1979-80. The petitioner requested the Inquiry Officer for permission to be represented by a counsel. The request was rejected. He filed a Writ Petition No. 1786 of 1982. The writ petition was admitted for regular hearing and proceedings ordered to be stayed vide order dated 15-5-1982. While the writ petition was pending, proceedings under C.M.L.O. 17 were initiated against the petitioner on the same charges. As a result of the enquiry, the Court of enquiry presided over by Brig. Muhammad Sharif recommended that the petitioner "be reduced to one lower rank". This is dated 15th of October, 1982. However, the Governor/M.LA. Zone `A' ordered that "he may be retired from service prematurely with immediate effect". This is vide order dated 2-1-1983. The petitioner filed a review application on 12-1-1983 which was rejected on 31-1-1983. To challenge these, amended writ petition was filed on 22-5-1984.   The petitioner filed a petition before the C.M.L.A. on 22-5-1983 against his premature retirement. In course of time, it was put up before the Prime Minister who called for relevant papers. In pursuance thereof, the Establishment Division sent a memo. dated 14-10-1985 to the Chief Secretary, Government of the Punjab, Lahore asking for the papers and the facts of the case. On receipt thereof, opinion of Justice Division was obtained which was to the effect that. "It is, therefore, for the Government of the Punjab to dispose of the representation of Mr. Riaz Malik in accordance with law". The Prime Minister's Secretariat sent back the petition to the Secretary to the Governor of the Punjab for disposal in the light of the advice of the Ministry of Justice vide Memo. dated 6-5-1986. The Secretary to the Governor forwarded it with a D.O. letter dated 11-6-1986 to the Secretary to the Chief…
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