Law:

Section:

Punjab Civil Servants Act (VIII of 1974)-- ---S.12(ii)--Provisional Constitution Order (1 of 1981), Art. 13--Punjab Service Tribunals Act (IX of 1974), S.4--Retirement after completion of 25 years, service qualifying for pension--Order challenged before Service Tribunal on grounds of alleged malice and coram non-judice--Malice alleged must be proved to connect directly the competent authority passing impugned order--Deputy Superintendent of Police retired by Government on order issued by Home Secretary--Malice alleged against I-G. of Police and not against Home Secretary-- Case : subsequently considered and rejected by Review Committee comprising senior officers--Appellant failing to connect any one of them being either friendly with I.-G. of Police against whom malice alleged or inimical towards appellant--Malice plea, in circumstances, repelled and appeal dismissed by Tribunal. Ch. Mushtaq Masood for Appellant. A.G. Humayun, District Attorney for Respondent. JUDGMENT S. ABDUL JABBXR KHAN (CHAIRMAN). --Muhammad Nawaz, Deputy Superintendent of Police (Retd.) has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Government of the Punjab through Chief Secretary, Punjab, ore, as respondent. 2. By virtue `of this appeal he has prayed that his appeal be accepted and premature retirement order, dated 5-1-1980, so impugned he set aside and he be reinstated in service with all back benefits. 3. Brief facts of the case are that the appellant joined service in the Police Department as Assistant Sub-Inspector in 1952. He was promoted as Sub-Inspector during March, 1964 and was further promoted as Sub-Inspector Special Grade, on 1-2-1971. He was admitted to List 'F' on 25-5-1971 and was promoted as officiating Inspector of Police on 26-5-1971. The appellant was further promoted as Deputy Superintendent of Police, vide notification, dated 13-1-1979. In accordance with Government instructions cases of all the officers officials who had completed 25 years service qualifying for pension were reviewed by the Departmental Committee and the appellant was retired from service by in the Government under section 12(ii) of the…

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