Law:

Section:

Punjab Civil Servants Act (VIII of 1974)---- -- S. 12 (ii)-Compulsory retirement- Malicious action- Partici­pation in Enquiry Commission involving highly placed departmental officers -Apprehension of victimization-Assurance of full protection given against such victimization-Findings of enquiry adverse to departmental officers not implemented and instead show-cause notice issued on basis of adverse entries in service record-Martial Law Authorities after examination of reply furnished withdrew show­cause notice yet retired appellant compulsorily only after 40 days-­Contention that adverse entry in service record recorded by unconcerned officer and hasty action in compulsory retirement was mala fides on part of functionaries who managed to influence and obtain impugned order from competent authority through misrepresenta­tion of facts-Held, plea of malice though very easy to allege but was difficult to prove-Retirement of appellant being result of malice, biased mind, misrepresentation of facts and void ab initio-­Appellant re-instated in service with retrospective effect. 1979 PLC(CST)105 and PLD1974SC151rel. Dr. Abdul Basil and Abu Talha Khan Burki for Appellant. A. G. Humayun, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-Muhammad Iqbal Rathore has bled this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Province of the Punjab. Board of Revenue, Settlement and Rehabilitation Wing, Punjab and Secretary to Government of the Punjab, Settlement and Rehabilitation Department-cum-Member, Board of Revenue (S & R Wing), Punjab, Lahore, as respondents. 2. By virtue of this appeal it has been prayed that Notification bearing No. Admn. Sett /79/379, dated 24th January, 1980, wherein the appellant has been compulsorily retired from service under section 12 (ii) of the Punjab Civil Servants Act, 1974, be declared as without lawful authority and of no legal effect. It has been further prayed that the appellant be re-instated in service with all back benefits. 3. Brief facts of the case are that the appellant joined service in the Rehabilitation Department as a Clerk on 5th November, 1951.…

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