Case Details

Citation(s)
1983 SLG 2044 1983 SLD 2044 1983 PLC 1276
Service Tribunal, Punjab
Case No. 156!1696 of 1982, decided on 16th May, 1983.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS

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Syed MUSHTAQ HUSSAIN ROKHARI

VS

GOVERNMENT OF THE PUNJAB

Law:

Section:

Punjab Civil Servants Act (VIII of 1974)- -- Ss. 2 (b) & 12 (ii)-Police Officer of Punjab-Deputy Superinten­dent posted to Pakistan Railways-Promoted on ad hoc basis by Federal Government as Superintendent of Police-Not yet borne on All Pakistan Unified Group list-Continues to be civil servant of Provincial Government - Retirement order of such Officer, held, within competence of Governor. Syed Jamshed Ali for Appellant. A. G. Humayun, District Attorney for Respondent. Date of hearing : 16th May, 1983. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-Syed Mushtaq Hussain Bokhari, ex-Superintendent of Police, Pakistan Railway Police, has filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974, in which he has impleaded the Government of the Punjab through the Services, General Administration and Information Department, Lahore, as Respondent. 2. By virtue of this appeal he has prayed that the impugned order dated 5th January, 1980 under section 12 (ii) of the Punjab Civil Servants Act, 1974, be set aside as the same is without jurisdiction and he be reinstat­ed in service with all back benefits. 3. Brief facts of the case are that the appellant was working as Officer of Grade-17, in the Punjab Police Department as D.S.P., Special Branch, Rawalpindi when be was transferred and posted as S. D. P. O./Railways Police, Rawalpindi vide I.G.P. Punjab order No. 4360iEI, dated 22nd February, 1975. He was however, promoted to the rank of Superintendent of Police (Grade-18) w.e.f. 5th May, 1977 and he continued to serve with the Railway Police under the Ministry of Railways, Rawalpindi till further orders vide Establishment Division notification No. 10/61/76 Police, dated 21st June, 1977. The Governor of the Punjab vide his Notification dated 5th January, 19.80 retired the appellant after he had completed 25 years' service qualifying for pension and other retirement benefits, with immediate effect or with effect from the date of expiry of the Leave Preparatory to Retire­ment admissible to him if such leave is applied for by him within 15 days from the date of this notification and the same is granted to him. The appellant made a representation to the Chief…
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