Law:

Section:

(a) Azad Jammu and Kashmir Civil Servants Act,1976-- ---S.12(ii)--Compulsory retirement--Plea of mala fides--Facts forming basis for plea of mala fides, held, must be specified--Appellant, retired compulsorily, raising plea of mala fides against retiring authority, not only failed to raise question of bad faith in review petition submitted to Chief Executive but also failed to enlist facts which could show that order of retirement was passed mala fides--Huge losses of foodgrain and misappropriation of Government funds were reported in Food Department and appellant and other officers who were working in that department at relevant time miserably failed to discharge their responsibility of keeping an effective control over officers of department and thereby avoiding diversion of public funds--Competent authority on receipt of reports of cases of embezzlement passed order of retirement of appellant--No material existing on record to show that retiring authority was ill-disposed towards appellant and' wanted to get rid of him--Allegations of mala fides, held, were baseless in circumstances. P L D 1986 F S C 200 and P L D 1986 S C (A J&K) 87 ref. P L D 1961 Lah. 842 rel. (b) Azad Jammu and Kashmir Civil Servants Act, 1976-- ---S.12(ii)--Retirement--Retirement of a civil servant in public interest, held, was solely within competence of competent authority-­Interference by High Court only when 'material on record proved that retirement was ordered in colourful exercise of power by authority. P L D 1986 S C (A J a K) 87 and P L D 1970 S C 98 rel. (c) Azad Jammu and Kashmir Civil Servants Act,1976-- ---S.12(ii)--Compulsory retirement--Colourful exercise of power-­Appellant allegedly failed to exercise effective control over officers of Food Department where appellant was Director Food with the result that cases of embezzlement and huge losses were reported--Chairman Inspection Team and Secretary Food, recommended that proceedings under Efficiency and Discipline Rules be started against appellant but said recommendations were not acted upon and appellant could not be held guilty of corruption, misconduct or inefficiency, raising thereby presumption that inability to…

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