Law:

Section:

Constitution of Pakistan (1973) ----- Arts. 185 & 212 (3) Grant of leave to examine academic questions Not practice of Supreme Court. [Supreme Court Practice and procedure]. Abdul Qadir v. Government of West Pakistan P L D 1967 S C 506 and Muhammad Siddiq Javaid Chaudhry v. Government of West Pakistan P L 1) 1974 S C 393 ref. ORDER DORAB PATEL, J. The petitioner is a Police Officer and he was retired on 20th April, 1976 on the ground that he had completed twenty five years of service. It would appear that a charge sheet had been issued to the petitioner sometime before, the order terminating his appointment, therefore, he challenged this order of his retirement in an appeal before the Sindh Service Tribunal at Karachi on the ground that his retirement was mala fide. But in dismissing the appeal, the Tribunal observed in its order dated 7th September, 1977: "The impugned order does not carry any stigma and can in no way be considered as a penalty." It, therefore, dismissed the appeal. Hence this petition for leave. It is unfortunate that the petitioner has not filed a copy of his order of retirement, but learned counsel had to admit that the order was an order simpliciter for retirement and that there was nothing whatever in it which could be read by the remotest stretch of imagination as a stigma. He, however, relied on a show cause notice issued to the petitioner on 26th July, 1975. The petitioner was suspended in view of this notice, but in consequence of his appeal, the Superintended of Police. Badin, had ordered his reinstatement "without prejudice to the departmental proceedings pending against him". Learned counsel could not tell us what happened to these departmental proceedings, but it is obvious that they were dropped and the petitioner's services were terminated sometime thereafter on the ground that he had completed twenty five years service. Now, because this order was preceded by the show cause notice, learned counsel submitted that it was a colour able exercise of power and in support of this submission, he relied on judgments of this Court in Abdul Qadir v. Government of West Pakistan(P L D 1967 S C 506) and the judgment in P L D 1974 S C…

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