| Citation(s) |
|---|
| 1988 SLG 773 1988 SLD 773 1988 PLC 245 |
Service Tribunal, Punjab
Appeal No. 698/475 of 1986, decided on 8th February, 1988.
IHSANUL HAQ CHAUDHRY, CHAIRMAN, KHAWAJA MUHAMMAD YOUSAF AND CH. ABDUL RASHID, MEMBERS
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Appeal No. 698/475 of 1986, decided on 8th February, 1988.
IHSANUL HAQ CHAUDHRY, CHAIRMAN, KHAWAJA MUHAMMAD YOUSAF AND CH. ABDUL RASHID, MEMBERS
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MUHAMMAD HAFEEZUR-REHMAN HASHMI
VS
SECRETARY, FINANCE DEPARTMENT
Law:
Section:
(a) Punjab Civil Servants Act (VIII of 1974)-- ----S.2(b)--Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, Rr.4 & 5--Punjab Civil Servants Pension Rules, 1963, Rr.1.8 & 1.9--Punjab Service Tribunals Act (IX of 1974), S.4--Mode of proceeding against civil servant after his retirement--Civil servant after retirement, held, ceases to be a civil servant for purpose of Efficiency and Discipline Rules--Such view was also supported by provisions of S.2(b), Punjab Civil Servants Act, 1974 and R.1.9 of the Punjab Civil Servants Pension Rules--Procedure regarding imposition of penalty of removal was to be observed in such proceedings under that rule--Action taken against civil servant after his retirement was declared to be illegal and without jurisdiction by Service Tribunal. (b) Words and phrases- --- Word "retire", connotation of--Word "retire", held, signified that one had given up his position or status--Such word would mean "to terminate employment or service upon reaching retirement age" or to "withdraw or retreat" therefrom. Black's Law Dictionary and Ferozsons Dictionary rel. Rashid-ud-Din Qureshi for Appellant. A. G. Humayun for Respondent. Date of hearing: 25th January, 1988. JUDGMENT IHSANUL HAQ CHAUDHRY, (CHAIRMAN).--The necessary facts for the decision of the appeal are that the appellant joined Finance Department in former Bahawalpur State in the year 1948. Thereafter he was absorbed in the West Pakistan. The appellant ultimately retired on 10th August, 1985 when he was posted at Bahawalnagar. It is alleged by him that his colleagues namely Messrs Ghulam Haider and Ashraf had opened a front against him and appellant duly reported their mischievous activities to the Accountant-General. 2. The grievance of the appellant now is that he was served a show-cause notice dated 18-11-1985. The appellant submitted reply thereto but that was found unsatisfactory. It is maintained that the appellant was being continuously hunted by his adversaries even after retirement. The appellant appeared before the Secretary, Finance Department on 3rd of April, 1986 and tried his utmost to convince him of the illegal and malicious treatment meted out to…
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