| Citation(s) |
|---|
| 1983 SLG 196 1983 SLD 196 1983 SCMR 164 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 14 R 11 of 1974, decision dated: 24-05-1981.(Against the judgment dated 25-06-1980, passed by the Service Tribunal, Islamabad (Camp at Lahore) in Appeal No. 579 (L) of 1974)
ASLAM RIAZ HUSSAIN AND NASIM HASAN SHAH, JJ
Ch. Akhtar Ali, Advocate on-Record for Petitioner. Aftab Farrukh, Advocate Supreme Court for
Respondent
Civil Petition for Special Leave to Appeal No. 14 R 11 of 1974, decision dated: 24-05-1981.(Against the judgment dated 25-06-1980, passed by the Service Tribunal, Islamabad (Camp at Lahore) in Appeal No. 579 (L) of 1974)
ASLAM RIAZ HUSSAIN AND NASIM HASAN SHAH, JJ
Ch. Akhtar Ali, Advocate on-Record for Petitioner. Aftab Farrukh, Advocate Supreme Court for
Respondent
FEDERATION OF PAKISTAN THROUGH SECRETARY ESTABLISHMENT DIVISION
VS
AMJAD AHAD SHEIKH
Law:
Section:
Services Tribunal Act (LXX of 1973)--S. 4 Public servant General reputation of a public servant for corruption or living beyond means of income Information relating to such matters, held, to be based on information received from various quarters and cannot in nature of things be based on such material as would be sufficient to prove conduct imputed to officer :in Court of law. ORDER ASLAM RIAZ HUSSAIN, J. This petition is directed against the judgment dated 25 9 1980, of the Services Tribunal, Islamabad (camp at Lahore) accepting the respondent's appeal and setting aside the order of his compulsory retirement. 2. The facts giving rise to this petition are briefly, that Mr. Amjad Ahmad Sheikh (respondent) who was an Officer of the Civil Services of Pakistan, recruited in 1953 was compulsorily retired from service w. e. f. 12 3 1972, under M. L. R 114. An appeal was subsequently provided against the said order under section 4 of the Services Tribunals Act, 1973. The respondent filed an appeal before the Services Tribunal, alleging, inter alia, that the concerned authority had no material before it on which the order of retirement could have been passed under M. L. R. 114 and that in fact, no order of his retirement had been passed by the competent Authority or any one authorised by it in that behalf. It appears, however, that during the arguments before the Tribunal, he himself submitted, that at the most, the said authority could have relied on adverse reports relating to 1957 and 1958, 1964 and 1965, some of which related to the general bad reputation enjoyed by him. The Tribunal, therefore, examined the respondent's entire record for 20 years and perused his Confidential Reports from 1954 onward, and found that with the exception of some adverse remarks for four abovementioned, years, his other reports were very favourable. Some of the reports paid him tribute and he was given a very favourable pen picture in every report in respect of his personality as well as conduct and performance. His report for the year ending December, 1963, was found to be outstanding. In that report he was assessed as 'Al' with respect to all the items mentioned in the form and…
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