Law:

Section:

Punjab Civil Servants Act (VIII of 1974)----- --S. 12 (ii) read with Provisional Constitution Order (1 of 1981), Art. 13-Retirement after completion of 25 years' service qualifying for pension-Order of competent authority challenged on grounds of malice due to contempt proceedings before High Court instituted by appellant-Record indicating that such proceedings subsequent in time after passing of impugned order-Case examined by Review Committee twice and retirement order passed on account of service record assessed as average and below average with recommendations of Committee that appellant had outlived his utility-Interference, in circumstances, refused by Service Tribunal-Punjab Service Tribunals Act (IX of 1974), S. 4. Ahmad Hassan Khan for Appellant. Haroon-ur-Rashid Cheema, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-Islam Hassan Khan has filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974, against the orders dated 2-9- 1981 and 7-1-1980, passed by the respondents by which he has been retired under section 12 (ii) of the Punjab Civil Servants Act, 1974, after completion of 25 years' service qualifying for pension and other benefits. He has impleaded the Secretary to Government of the Punjab, Industries and Mineral Development Department, Lahore and Director of Industries as respondents. 2. By virtue of this appeal he has prayed that the impugned orders be set aside as the said orders are the result of malice. 3. Brief facts of the case are that the appellant was working as Assistant Director of Industries when the Departmental Review Committee for Grade-17 Officers headed by the Secretary, Industries and Mineral Development Punjab Mr. Anwar Zahid, with three other officers, considered his case alongwith sixteen others of Grade-17 on 10-11-1979 for determining their fitness to be retained in service or retired under section 12 (ii) of the Punjab Civil Servants Act, 1974. This Committee decided to retain 14 officers in service except the appellant and one other officer Malik Muhammad Ashiq, Senior Manager, Government Press, Lahore. However it was further decided that the case of Mr. Islam Hassan Khan…

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