Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 4

Punjab Service Tribunals Act (IX of 1974)  S. 4--Appeal against retirement under M. L. R. 114-Tribunal under obligation to examine and consider merits-Character Roll not containing any serious adverse entry-Department authorities also certifying satisfactory performance-Appeal, in circumstances, accepted.                                                                                                                                                     ORDER M. SALEEM CHAUDHRY (CHAIRMAN).-In this case the appellant, an ex-Superintendent of Jail, is aggrieved by his retirement under M. L. R. 114, by the order of the President of Pakistan, dated 13-3-1972. 2. The record has been produced. The Departmental Representative has also placed on record a copy of the extracts from the Annual Confidential Reports of the appellant for the period 1962 to 1972 which also contain the endorsement that his record of service for the period 1949 to 1958 was scrutinized by the Screening Committee in 1958, who cleared him, but placed him on six months' special report. It appears that subsequently the appellant's performance was found satisfactory and he was allowed to continue in service for 14 years thereafter. As regards the Annual Confidential Reports of the appellant for the period 1962 to 1971, the appellant had only the following two adverse entries in the years 1963 and 1971: - "1963-Supervision and control over subordinates, needs improvement. 1971.-Practices the policy of live and let live. (Not communicated)." 3. It further appears that the appellant had moved the Martial Law Authorities for his re-instatement, who called for a report from the Home Department. The Home Department on 9th October, 1978 reported to the Martial Law Administrator, Punjab, as under:- "Out of ten A. C. Rs.…