Case Details

Citation(s)
1994 SLG 522 1994 SLD 522 1994 SCMR 247
Supreme Court of Pakistan
Civil Appeal No. 378 of 1990, decision dated: 22-04-1992
SAAD SAOOD, JAN, ABDUL SHAKURUL SALAM MID MUHAMMAD RAFIQ TARAR, JJ

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PROVINCE OF THE PUNJAB

ABDUL AZIZ QURESHI

Law:

Section:

Punjab Civil Servants Act (VIII of 1974)--S. 12(ii)---Constitution of Pakistan (1973), Art. 212---Civil servant's removal from service after having completed 25 years of service qualifying for pension---Service Tribunal, in appeal, set aside penalty of removal on ground that Secretary of Government (Education Department) had recommended for retirement of civil servant on basis of the factual position that case was under trial before Court of law---Very basis of recommendation for removal from service was knocked out by of acquittal which showed that case was started against civil servant on application of students on the instigation of two instructors, one of whom was trying to become officiating office-holder in place of civil servant---Complainant had admitted before Trial Court that application was made by him on information furnished by ex-employees who had been dismissed by the civil servant---Basis of recommendation for removal from service having been knocked out, appeal was rightly allowed by Service Tribunal---Judgment of Service Tribunal was maintained in circumstances. JUDGMENT MUHAMMAD RAFIQ TARAR, J.---This is an appeal by leave' against the order of the Punjab Services Tribunal, Lahore, dated 14-7-1988. 2. The relevant facts for the disposal of this appeal are that the respondent, Principal, Government Commercial Training Institute, Chishtian, District Bahawalnagar, was removed from service under section 12(ii) of - the Punjab Civil Servants Act, 1974, having completed 25 years of service qualifying for pension etc. He filed an appeal before the Punjab Service Tribunal. The learned Tribunal noted that the Secretary, Government of the Punjab, .Education Department, had recommended for retirement on the following material: "The case is under trial in the Anti-Corruption Establishment, Multan." The Tribunal observed that the respondent had since been acquitted in the said case and that the adverse entries in the A.C.Rs. had earlier been set aside by the Tribunal. In view of this observation the appeal of the respondent was accepted vide impugned judgment referred above. Hence this appeal. 3. We hake heard the…
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