Law:

Section:

Civil service--- ----Compulsory retirement---Civil servant was dismissed from service on charge of certain irregularities, but on filing review petition by civil servant against such penalty same was converted into one of compulsory retirement--­Allegation against civil servant was that. he being Extra Assistant Commissioner had adjusted and confirmed acquired lands to original owners thereof without prior permission of Board of Revenue---Lands in question were either acquired by Authority in violation of powers under Thal Development Act, 1949 or were forcibly taken over by Authority without acquisition---Such action of Authority was challenged by aggrieved owners of lands by filing Constitutional petitions and High Court and then Supreme Court accepted claim of aggrieved owners and ordered to return taken over lands to them---Civil servant to give effect to s of Superior Courts and to rectify other apparent mistakes, obtained reports of field staff and then accorded approval of return or adjustment of those lands in favour of aggrieved land owners---Civil servant in light of s of Superior Courts passed order in favour of aggrieved land owners in good faith accepting their genuine claims satisfying himself that there was no legal bar, stay order, litigation or disputes over possession of respective owners---Civil servant was punished for irregularity that he did not obtain prior approval of Board of Revenue in the matter---Civil servant had simply implemented s of Superior Courts and approval of Board of Revenue, if really needed, was only formality which might be supplied even post facto by taking steps in that behalf---Even otherwise according to opinion of high Court in its civil servant needed no prior approval of Board of Revenue---Civil servant who maintained himself to be a clean Officer all along to punish him for such a maiden mistake or slip was undeniably uncalled for, especially when no ulterior motive on his part was established. 1993 SCMR 956; Hakim Abdur Rahim Khan and others v. Secretary, Resettlement and Claims PLD 1986 SC 96 and 1988 SCMR 691 ref. MA. Riaz for Appellant. Ch. Manzoor Hussain, DA. for Respondents. Date of hearing: 2nd August,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492