Case Details

Citation(s)
1996 SLG 476 1996 SLD 476 1996 PLC 357
Supreme Court of Pakistan
Civil Petition No. 591/L of 1995, decision dated: 17-12-1995
MANZOOR HUSSAIN SIAL AND RAJA AFRASIAB KHAN, JJ
Abdullah Yousaf Warraich, Assistant Advocate General. Nemo

SECRETARY TO GOVERNMENT OF PUNJAB, HEALTH DEPARTMENT, CIVIL SECRETARIAT, LAHORE

VS

Miss SARWAR JEHAN HAQ, NURSING SUPERINTENDENT, DHQ HOSPITAL, SHEIKHUPURA SECRETARY TO GOVERNMENT OF PUNJAB, HEALTH DEPARTMENT, CIVIL SECRETARIAT, LAHORE Vs Miss SARWAR

Law:

Section:

(a) Punjab Civil Servants Act (IX of 1974)- ----S. 12(2)---Constitution of Pakistan (1973), Art. 212(3)---Civil servant--­Compulsory retirement from service---Service Tribunal ordering re-instatement of civil servant---Validity---Civil servant during her long tenure of 36 years' service had reportedly earned only twice adverse remarks, which were, not even communicated to her---Government's plea that appeal before Service Tribunal was filed beyond prescribed period of limitation was not borne out by record---Only order communicated to civil servant was through letter dated 28-&1990 against which she preferred appeal on 24-9-1990 which was within time---Precise adverse remarks for the period in question, were neither disclosed nor the same were communicated to civil servant---With brilliant service record extending over three decades to civil servant's credit, action under S. 12(2), Civil Servants Act, 1974 was absolutely not warranted under the law---Service Tribunal had rightly ordered re­instatement of civil servant to her post---Leave to appeal was refused in circumstances. (b) Punjab Civil Servants Act (IX of 1974)-- ---S. 12(2)---Constitution of Pakistan (1973), Art. 212---Civil servant's compulsory retirement from service---Such order was found to be not warranted, in view of brilliant service record of civil servant extending over three decades---Supreme Court directed that action under intimation to Registrar of Supreme Court be taken by Competent Authority against the officers concerned (if they were still in service) responsible for such wanton action---Supreme Court also desired the Government to take any action permissible under the law against those officers. JUDGMENT MANZOOR HUSSAIN SIAL, J: --The Secretary to Government of Punjab, Health Department, Lahore, through this petition seeks leave to appeal against judgment dated 19-2-1995, of the Punjab Service Tribunal, Lahore, whereby Service Appeal No. 679/1990 preferred by Miss Sarwar Jehan Haq respondent, against the order of her compulsory retirement, was allowed. 2. Miss Sarwar Jehan Haq respondent, while serving as Nursing Superintendent, D.H.O. Hospital, Sheikhupura, was compulsorily…
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