| Citation(s) |
|---|
| 2001 SLG 1400 2001 SLD 1400 2001 SCMR 857 |
Supreme Court of Pakistan
Civil Appeal No. 787 of 1997, decision dated: 20-10-2000
MUNIR A. SHEIKH, RANA BHAGWAN DAS AND MIAN MUHAMMAD AJMAL, JJ
Rashidul Haq Qazi, Additional Advocate-General, N.W.F.P. for
Respondent in person
Civil Appeal No. 787 of 1997, decision dated: 20-10-2000
MUNIR A. SHEIKH, RANA BHAGWAN DAS AND MIAN MUHAMMAD AJMAL, JJ
Rashidul Haq Qazi, Additional Advocate-General, N.W.F.P. for
Respondent in person
GOVERNMENT OF N.W.F.P and others
VS
RUHUL QUDOOS
Law:
Section:
North-West Frontier Province Civil Servants Act (XVIII of 1973)---- ----S. 13(i)---Compulsory retirement from service---Past and closed transaction---Service Review Board, recommendations of---Civil servant, on a complaint, was suspended and later on compulsorily retired from service--Complaint was withdrawn by the complainant during pendency of proceedings against the civil servant---Provincial Government constituted Service Review Board for redressal of grievances of civil servant---Board recommended reinstatement of the civil servant in his service---Government declined to accept the recommendation of the Board and the civil servant was not reinstated---Service Tribunal accepted the appeal of civil servant and he was reinstated with full back benefits---Contention of the Government was that the original order of compulsory retirement of the civil servant having attained finality and having become past and closed transaction, could not have been reopened, by the Service Tribunal---Validity---Government itself had reopened the matter by providing to the aggrieved person remedy of making application within thirty days which could safely be construed to be an amendment in the relevant rules of departmental appeal and representation for limited purposes of providing another remedy of making representation afresh on which the entire matter stood reopened and the alleged finality,` if any, attached to the original order had been done away with--Recommendations of the Board and any order passed by the Competent Authority on the basis .of the same, therefore, gave fresh cause of action to the aggrieved person who could approach the Service Tribunal if he felt aggrieved of the order passed by the Competent Authority in relation to the recommendations by the Board---Contention by the Government was repelled---Recommendations of the Board were based on the considerations under the relevant laws, the annual confidential reports of the entire period of service of the civil servant were found good and the complaint against the civil servant had also been withdrawn---No proof of any act of misconduct of the civil servant, thus, existed nor any reason was given while…
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