Law:

Section:

Government Servants (Further Usefulness in Public Service) Rules, 1963, r. 3-Main provisions of r. 3-Not ultra vires. Government of West Pakistan v. Karamatullah Khan and others P L D 1968 S C 292 and Pakistan v. Liaqat Ali Khan PLD 1959SC37ref. JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from a judgment and order of a Division Bench of the High Court of West Pakistan, dismissing a constitutional petition filed by the present petitioner in limine. The petitioner, who was originally appointed as a Lower Division Clerk in the Contracts Directorate of the Master General of Ordinance, General Headquarters, India, in 1939, was, after opting for Pakistan, promoted as a Superintendent in the Ministry of foreign Affairs and Commonwealth Relations in 1950. He was confirmed in that post in 1954. In March 1959, he was served with a notice by the Screening Committee which ultimately decided to compulsorily retire him from service, but on appeal the notice was withdrawn. On the 14th of May 1960, a notice was again issued to him under Rule 3 of the Government Servants (Efficiency and Discipline) Rules, 1960, to show cause as to why he should not be compulsorily retired or dismissed from service, as he was reasonably considered to be corrupt. The Enquiry Officer exonerated him of the charges and the case was ultimately closed. He was, in September 1963, promoted as Section Officer, but in February 1964, while he was serving on deputation with the East Pakistan Industrial Development Corporation as an Administrative Officer, he was again served with a notice under Rule 5 of the Government Servants (Further Usefulness in Public Service) Rules, 1963, to show cause as to why he should not be compulsorily retired from service on the ground of unsatisfactory service and corruption. The Review Committee, after considering his explanation, on the 19th of March 1964, recommended his compulsory retirement. This recommendation was accepted by the Central Public Service Commission and the petitioner was ultimately given the order of compulsory retirement on the 12th of August 1964, under the directions of the President of Pakistan, with effect from the…

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