Law:

Section:

(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--S. 4---Punjab Civil Servants Act (VIII of 1974), S.2(l) --- Constitution of Pakistan (1973), Art.212(3)---Civil servant---Retirement---Person having retired from service, whether civil servant---Civil servant was charge-sheeted when shortage in storage of procured wheat was detected and on basis of inquiry, Authority, besides directing recovery of entire losses from him, ordered his dismissal from service---Civil servant's departmental appeal was partially accepted whereby order of dismissal from service was set aside but that of recovery of losses was maintained---Service Tribunal found that civil servant having been retired, was no more civil servant within purview of S.2(1)(b), Punjab Civil Servants Act, 1974 when penalty of recovery of losses and that of retirement was imposed---Validity---Leave to appeal was granted to consider whether person having retired from service would not fall within purview of definition of civil servant in terms of S.2(1)(b), Punjab Civil Servants Act, 1974; whether civil servant having been found involved in embezzlement of very heavy quantity of foodgrains, upon interpretation of said definition of civil servant by Service Tribunal, guilty persons would not go scot-free; and whether such technical omission, failing to cover retired civil servant in definition, would not appear to be intentional---There being no authoritative pronouncement of Supreme Court in such matter, leave to appeal was granted to consider such questions. Bilquis Nargis v. Secretary to the Government of Punjab, Education Department 1983 PLC (C.S.) 1141 ref. (b) Punjab Service Tribunals Act (IX of 1974)--- ----Ss. 4 & 5---Constitution of Pakistan (1973), Art.212---Findings of Inquiry Officer, recommendations of Authorised Officer, decision of Appellate Authority and that of Revisional Authority---Substitution of findings of enquiry officer, authorised officer and appellate and revisional authorities by Service Tribunal---Legality---Service Tribunal under provisions of Ss.4 & 5(1), Punjab Service Tribunals Act, 1974, has been empowered to confirm, set aside, vary or modify any order…

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