Law:

Section:

(a) Punjab Civil Servants Act (VIII of 1974)--- ----S. 12(ii)---Compulsory retirement---Adverse report---Appellant was compulsorily retired from service on account of adverse report in his Annual Confidential Report in spite of the fact that his representation for expunction of adverse remarks was yet to be decided---Appellant and his co-accused officials were acquitted by Judge Anti-Corruption on same charge, likewise no warning was ever conveyed to the appellant---Adverse remarks, held, could not be taken into account and could not form basis of appellant's compulsory retirement--­Order of retirement was set aside and he was reinstated in service. (b) Punjab Civil Servants Act (VIII of 1974)--- ----S. 12(ii)---Punjab Services Tribunals Act (IX of /1974), S. 4---Compulsory retirement---Tribunal has jurisdiction to set aside an order under section 12(ii) when same was found to be whimsical, capricious and mala fide. Rana Muhammad Sarwar Khan for Appellant. Manzoor Hussain, Dy. Attorney for Respondents. Date of hearing: 2nd June, 1990. JUDGMENT MUHAMMAD MEHMUD ASLAM PIRZADA (CHAIRMAN).--­Abdul Rashid Khan has filed this appeal under section 4 of Punjab Service Tribunals Act, 1974 against the impugned orders dated 18-12-1985, 21-6-1987 and 11.-8-1987 passed by respondents. The appellant has implicated the Director Food Punjab, Lahore and Deputy Director Food, Faisalabad Region, Faisalabad as respondents. Through this appeal the appellant has prayed that the impugned orders passed by respondents be set aside and the appellant be reinstated in service. The salient features of this appeal preferably are that the appellant joined the Food Department as Food Inspector in the year 1958 and was promoted as A.F.C. in 1985. The appellant was compulsorily retired from service vide order dated. 18-12-1989 passed by the respondent No. 2. The appellant filed a review petition which was accepted and the appellant was reinstated in service vide order dated 2-2-1986. Subsequently, the order of reinstatement was withdrawn on 21-6-1987, in consequence of which the appellant again stood compulsorily retired from service w.e.f. 18-12-1985. The appellant V feeling aggrieved filed…

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