Case Details

Citation(s)
1988 SLG 1153 1988 SLD 1153 1988 PLC 538
Service Tribunal, Punjab
Case No. 117/39 of 1985, decided on 17th December, 1985
S. ABDUL, JABBAR KHAN. CHAIRMAN ABDUL HAMID CHAUDHRY AND MIAN FAIZ KARIM, MEMBERS

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MAZHAR ALI

VS

SECRETARY TO GOVERNMENT OF PUNJAB IRRIGATION AND POWER DEPARTMENT, LAHORE and 2 others

Law:

Section:

Punjab Service Tribunals Act (IX of 1974)- ---S.4--Punjab Civil Servants Act (VIII of 1974), S. 21(2)--Appeal before Tribunal--Exhaustion of Departmental remedy, a pre-requisite-­Superintending Engineer of Provincial Irrigation Department inducted to Federal APUC in Grade-21 was retired compulsorily pursuant to disciplinary action by Federal Government under orders of President of Pakistan--Lien of such employee as Superintending Engineer thereafter terminated by Secretary to Provincial Government--Order of compulsory retirement and termination of lien challenged before Service Tribunal without making representation to next higher authority regarding termination of lien, appeal was dismissed as premature. Masud Ahmad Riaz for Appellant. Hafiz Tariq Naseem Standing Counsel for Federal Government. Haroonur Rashid Cheema, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN). --Mazhar Ali, Agent to the Government of the Punjab, Irrigation and Power Department, Lahore, has filed this appeal a/s 4 of the Punjab Service Tribunal Act, 1974, against the order of respondent No.l dated 1-10-1983, retiring the appellant compulsorily from service on 7-5-1984 rejecting the review petition filed by the appellant against the aforesaid order of retirement and also order of respondent No.3 terminating the lien of Superintending Engineer of the appellant vide notification issued on the 24th November, 1983, by treating the appellant as retired from service. 2. By virtue of this appeal he has prayed that the impugned orders be set aside and he may be reinstated in service with all back benefits from 3-6-1978. He has further prayed that the order of respondent No.3, dated 24-11-1983, terminating the lien of the appellant as Superintending Engineer, Irrigation and Power Department, be also set aside and cancelled. 3. Brief facts of the case are that the appellant while working as Chairman, State Cement Corporation of Pakistan, in "irade-21 was placed under suspension alongwith six other senior officers of the said Corporation, under the orders of the President of Pakistan. The President of Pakistan appointed Mr. Inayat Ullah, O.S.D. Establishment Division to…
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