| Citation(s) |
|---|
| 1997 SLG 684 1997 SLD 684 1997 PLC 237 |
Lahore High Court
Intra-Court Appeal No. 273 of 1982 in Writ Petition No. 678 of 1992, decision dated: 24-11-1996.
MUNIR A. SHEIKH AND MALIK MUHAMMAD QAYYUM, JJ
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Intra-Court Appeal No. 273 of 1982 in Writ Petition No. 678 of 1992, decision dated: 24-11-1996.
MUNIR A. SHEIKH AND MALIK MUHAMMAD QAYYUM, JJ
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MUHAMMAD MUNIR AHMAD
VS
THE ISLAMIC REPUBLIC OF PAKISTAN through the Secretary, Establishment Division, Government of Pakistan, Islamabad and another
Law:
Section:
Federal Inspection Commission Order, 1981 (M.L.O. 58)Para. 5Law Reforms Ordinance (XII of 1972), S. 3Compulsory retirementValidityCivil servant's claim that impugned order was not based upon any material and that hearing was merely eyewash, for Service Tribunal had acted under dictated exercise of Martial Law Authorities, who had furnished list of officers who were to be removed from service, had remained unrebutted on recordImpugned order was, thus, liable to be struck down on such groundCivil servant's other contention was that there was no order of President, who was Competent Authority relating to petitioner's compulsory retirementThere being no contradiction of such contention, same stood establishedAs regards hearing granted to civil servant same did not meet requirement of law and principle of natural justice, inasmuch as, neither any witness was examined nor was civil servant given opportunity to lead evidenceCivil servant had never accepted order of his dismissal and had been agitating against the same right from beginning before various forums, therefore, question of laches would not arise especially when impugned order against him was found to be wholly without jurisdictionRefusal to interfere in impugned order would result in perpetuation of illegalityOrder of compulsory retirement from service was declared to be without lawful authority and of no legal effect. Pakistan Post Office v. Settlement Commissioner and others 1987 SCMR 1119; S.A. Rizvi v. Islamic Republic of Pakistan through Secretary, Establishment Division and others 1991 MLD 1834; Islamic Republic of Pakistan v. S.A. Rizvi 1992 SCMR 1309; Federatin of Pakistan and others v. Nawazish Ali Shah and others C.P. No.941L of 1994 ref. Syed Jamshed Ali for Appellant. Faqir Muhammad Khokhar, Dy. A.G. for Respondent No. 1. Ch. Barkat Ali, Additional A.G. for Respondent No. 2. Date of hearing: 17th October, 1996. JUDGMENT MALIK MUHAMMAD QAYYUM, J.This appeal under section 3 of the Law Reforms Ordinance, 1972 arises out of W.P. No.678/92 filed by the appellant against the order of termination of his services which was dismissed by a learned Single Judge of this Court on 961992. 2. The appellant was…
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