Law:

Section:

(a) Punjab Local Councils and Municipal Committees Servants (Retirement), Rules, 1966-- ---R. 4--Punjab Local Councils (Business) Rules, 1980, Rr. 8 & 9(1)(c)-­Constitution of Pakistan (1973), Art. 199--Premature retirement of employee on completion of twenty-five years of service--Appellate Authority remanded case observing that no reasons had been assigned for passing order of retirement-­Appellate Authority's direction given to the Chairman, Municipal Committee that he should proceed to hear the petitioner, peruse the record afresh and pass a speaking order, was actually meant to be complied with by the Municipal Committee which alone was the competent Authority to pass an order for the premature retirement of employee--Deputy Commissioner could not confer such power on the Chairman in violation of R, 4 of Punjab Local Councils and Municipal Committees Servants (Retirement) Rules, 1966 and Rr. 8 & 9(l)(c) of the Punjab Local Councils (Business) Rules, 1980--Matter of petitioner's retirement having not been placed before the Municipal Committee, order passed by Chairman himself, was passed by an incompetent Authority and same being ultra vires was thus liable to be struck down on that ground alone. Lt.-Col. Farzand Ali and others v. Province of West Pakistan through the Secretary, Department of Agriculture, Government of West Pakistan, Lahore P L D 1970 S C 98 ref. Raja Muhammad Niaz Khan Ex-Chairman, Azad Kashmir Mineral and Industrial Development Corporation v. Azad Government of the State of Jammu and Kashmir, Muzaffarabad P L D 1988 S C (AJ&K) 53 and Federation of Pakistan through the Secretary, Establishment Division, Government of Pakistan, Rawalpindi v. Saeed Ahmad Khan and others P L D 1974 S C 151 rel. (b) Punjab Local Councils Servants (Efficiency and Discipline) Rules, 1981- ---R.8--Adverse entries against employee--Non-communication--Effect--No communication of adverse entries in the Annual Confidential Report of employee, would have the effect that such entries could not be used to the disadvantage of such employee. (c) Administration of justice- --- Administrative authorities are expected to write orders, which do not betray…

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