Case Details

Citation(s)
1991 SLG 2236 1991 SLD 2236 1991 KLR 313
Lahore High Court
Appeal No. 579, 463 of 1983, 18th September, 1990
MOHAMMAD MEHMOOD ASLAM PIRZADA, CHAIRMAN

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Muhammad Nisar Khan

VS

The Government Of The Punjab And Another

Law:

Section:

Keywords: Payment, Costs, Personal Hearing, Petition, Retirement, Claims, Guilty, Property, Examination, High Court, Period, Information, Impugned Order, Authorised Officer, Notice, Grounds, Enquiry Officer, Order, Show Cause Notice, Compulsory Retirement, Charge Sheet, Suspension, Leave, Parties, Care, Remand, Land, Retirement, Evidence, Set Aside, Chairman, Recording, Place, Government, Connotation, Conditions JUDGMENT MUHAMMAD MEHMOOD ASLAM PIRZADA, CHAIRMAN.- Muhammad Nisar Khan, Ex-Additional District and Sessions Judge, has filed this appeal under Section 4 of Punjab Services Tribunals Act 1974 impleading Government of the Punjab, through Chief Secretary, Government of the Punjab, SGA & Information Department, Lahore and the Chief Justice and Honourable Judges of Lahore High Court, Lahore through Registrar, Lahore High Court, Lahore as respondents. Through this appeal the appellant has prayed that impugned order dated 4.8.1983 whereby the appellant has been retired compulsorily from service be set aside and the appellant be declared to be in the continuous service. 2. Salient features of this case preferably are that in the year 1978 while appellant was posted as Additional District & Sessions Judge Mianwali, one Aman Ullah Khan Shahani made an oral complaint to the Chief Justice of Lahore High Court alleging that appellant owned a lot of land bearing No.367 in Rakh Hyderabad Tehsil Bhakkar, District Mianwali and was getting it cultivated through his influence without any payment. On 19.3.1978, learned Chief Justice deputed Mr. Justice S.S. Jan to make a spot enquiry into the matter. The learned Judge visited the spot and recorded statements of some persons. He found that prima-facia a case exists against the appellant. Consequently appellant was transferred from Mianwali to Bahawalnagar. The High Court also directed the appellant to submit his reply regarding the allegations levelled against him. Appellant submitted his reply on 13.6.1978 and on finding his reply unsatisfactory the appellant was suspended and a full-fledge enquiry was ordered into the matter. Accordingly the appellant was served with a chargesheet alongwith the statement ofโ€ฆ
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