Law: Constitution of Pakistan, 1973

Section: 199,13

Constitution of Pakistan (1973)---   ----Arts. 199 13---Constitutional petition---Retirement of petitioner from military service---Conversion of retirement into dismissal---Petitioner while serving as Major in Pakistan Army was retired from service and aggrieved by said order of retirement, he filed representation---Not only said representation was rejected, but simultaneously his retirement was converted into his dismissal vide the impugned order---Petitioner was condemned unheard before retirement and neither any show-cause notice was served on him nor any opportunity of personal hearing was afforded to him---Conversion of retirement order into dismissal from service, was also made arbitrarily without affording chance of personal hearing to the petitioner---Such was a sufficient ground for setting aside impugned order, being violative of principles of natural justice, which otherwise amounted to violation of fundamental rights and was also a visible violation of Art.13 of the Constitution, which had prohibited double punishment/ double prosecution---Exercise of powers of discretion must be fair, unbiased and transparent---Appellate Authority, no doubt could reverse the order, but before passing such order, if the Appellate Authority thought to enhance the penalty, then without issuance of show-cause notice and without giving an opportunity of personal hearing the penalty could not have been enhanced---Appellate Authority, while doing so through impugned order, had acted in excess of its jurisdiction, violating the specific provisions of Art.13 of the Constitution---Impugned order was declared illegal, without jurisdiction and was set aside---Resultantly order of retirement, would hold field and the petitioner would be entitled to the pensionary benefits.     Mrs. Shahida Zahir Abbasi and 4 others v. President of Pakistan and others PLD 1996 SC 632; Federation of Pakistan and others v. Raja Muhammad Ishaque Qamar and another PLD 2007 SC 498; Instisar Ali v. Federation of Pakistan and others 2008 PLC (C.S.) 975; Chairman Regional Transport Authority, Rawalpindis case PLD 1991 SC 14; Abid Hassan v. PIAC 2005 SCMR 25; Pakistan and others v. Public…

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