Law:

Section:

(a) Pakistan Railway Establishment Code, 1952- -- And Pakistan Railway Code for Accounts Department (1953) read with Government of India Act, 1935, Art. 241; Constitution of Pakistan (1956), Art. 224; Constitution of Pakistan (1962), Art. 224 and Constitution of Pakistan (1973), Art, 268(7)-Railway Establish­ment Codes for Establishment and Accounts dealing with sales, etc. framed from time to time-Held, existing laws. (b) Constitution of Pakistan (1973)- Art. 199 read with Railways Act (IX of 1890), Transfer of Railways Order [P. O. 33 of 1962], para, 11; Pakistan Railway Board Organization Order No. 1, para. 7(7), Civil Servants Act (LXXI of 1973), S. 4 and Pakistan Railway Establishment Code, Vol. II, Chap. XX- Compulsory retirement of Railway servant-Competent authority for passing order of retirement of Accountant (N. P. S. 16)-Held, Financial Adviser and Chief Accounts Officer, Pakistan Railways and not Finance Member--­Order passed by Finance Member-Held, void ab initio, without jurisdiction and coram non judice-Appeal to Service Tribunal not competent in such case-Held, jurisdiction under Art. 199 of Constitu­tion not ousted, in circumstances of case. Secretary, Government of Punjab, Food & Co-operation Department v. Shamoon Bahadur P L D 1979 S C 835 distinguished. Mian Amanul Mulk v. N. W. F. P. through Chief Secretary P L D 1981 Pesh. 1 and M. Yamin Qureshi v. Islamic Republic of Pakistan P L D 1980 S C 22 rel. Wasim Sajjad assisted by Ali Sibtain Fazli for Appellant. Ismail Bhatti for Respondent. Dates of hearing: 14th and 15th February 1981. JUDGMENT SHAMEEM HUSSAIN KADRI, ACTG. C. J.-This Intra-Court Appeal calls in question the judgment of the learned Judge in Chambers dated 20-2-1980, whereby he dismissed the writ petition filed by the appellant, is which one of the grievances raised was that he being an Officer in NPS-16 of Accounts Department. Pakistan Railways, was not retired by the Financial Adviser and Chief Accounts Officer, who is the authority competent to pass such an order. The appellant has been compulsory retired on completion of 25 years service by the Finance Member, under section 13 of the Civil Servants Act, 1973 by his…

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