Law:

Section:

Constitution of Pakistan (1973)-----Art. 212(3)--Compulsory retirement--Very basis of departmental proceedings initiated against appellant was an ex parte report made by Martial Law Authority which was considered by Authorised Officer as binding on him and in his opinion he was only to inflict penalty on appellants--Direction of Martial Law Authority in said report was that "departmental action might be taken against appellant in accordance with law"--Held, directions of Martial Law Authorities were totally misconstrued by Authorised Officer for what he understood it to be was that he was required only to impose one of penalties, appellant already having been, held, guilty by Martial Law Authority--Authorised Officer was not competent to dispense with full-fledged departmental enquiry and order of dismissal passed against appellant was, therefore, wholly incompetent in law--Order of compulsory retirement of appellant from service quashed in circumstances. [Civil services]. Ansar Hussain, Advocate Supreme Court with Faizanul Haq, Advocate-on-Record for Appellant. Abdul Sattar Shaikh. Addl. A.-G. Sind and Muzaffar Hussain, Advocate-on-Record for Respondents. Date of hearing: 19th December, 1985. JUDGMENT ABDUL QADIR SHAIKH, J.--All these appeals arise out of a common judgment of Sind Service Tribunal, dated 25-7-1983 by which appeals of all the appellants herein were dismissed and the orders of their retirement from service were maintained. 2. Facts briefly stated are that on a complaint that some primary teachers were illegally and fraudulently appointed under the forged signature of Sub-Divisional Education Officer, Hyderabad, an enquiry was conducted and the services of those teachers were terminated. Appellants were working as Headmasters of .the Primary Schools concerned, and they were examined as witnesses in the aforesaid enquiry. Finally, the Martial Law Authority who conducted the aforesaid enquiry directed that departmental action should not be initiated against the appellants Pursuant to this direction, the Sub-Divisional Education Officer, Hyderabad issued notice, dated 22-3--1982 calling upon appellants to show cause why one of the major penalties…

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