Law:

Section:

(a) Civil service­ --- Premature retirement --Case of petitioner for pre-mature retirement was reviewed twice previously and Competent Authority decided to retain him--­ Petitioner, however, was ordered to be retired on third review, not on any fresh material, but on basis of some old entries in his character roll which had already been considered in previous two reviews---Despite there was no adverse report against petitioner's work and conduct ever since his case was examined on previous occasions for pre-mature retirement it was this time decided to retain him---Order for premature retirement of petitioner passed on thirdreview, could not sustain' as same clearly tantamounted0 to reviewing previous orders passed by Competent Authority for which there was neither any warrant in law nor any justification on facts. (b) Civil service-­ ---Adverse: entries in Annual Confidential Reports---Deletion of ---Effect--­ Adverse entries in Annual Confidential Reports, which were expunged/deleted by a Competent Authority, held, would be deemed to be non-existant and could not be made use of for any purpose against employee. PLD1987SC271ref. (c) Civil service- --- Adverse entries in Annual Confidential Reports---Non-communication of such entries to employee---Effect---Adverse remarks/entries recorded in character­-roll of an employee unless communicated to him so as to afford him an opportunity of representing against them, held, could not be utilised to his prejudice and could not be pressed into service 'for premature retirement of employee. (d) Civil service- --- Mala fides---Proof---Premature retirement order passed by Competent Authority against petitioner was challenged on basis of mala fides against one of members of Review Committee who recommended premature retirement of petitioner---Allegations of petitioner against that member remained unrebutted as Authority did not care to file any written statement or even a counter-affidavit to contradict those allegations---Held, there should be, no difficulty in accepting petitioner's categorical assertion that order of his premature retirement passed by Authority was manipulated by that member who on facts stated by…

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