Law:

Section:

(a) Civil Servants Act (LXXI of 1973)--------S. 13---Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan (1973), Art.13---Premature retirement---Appeal---Appellant had been prematurely retired from service vide order dated 14-4-2001 on account of two minor penalties of censure imposed upon him on 17-9-1985 & 17-7-1995---Validity---Authorities, on said two minor penalties could not pass order of premature retirement---According to Art.13 of 'the Constitution, no person could be punished twice on the same charge---Once appellant was censured, he could not be awarded the penalty of retirement from service on same charge---Authorities, had violated provisions of Art.13 of the Constitution, in circumstances. (b) Civil Servants Act (LXXI of 1973)--- ----S. 13---Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan (1973); Art.13---Pre-mature retirement on completion of 25 years of service---Appeal---Government was the best Judge to decide the fitness of a civil servant for his further retention in service after he completed 25 years of his service, but in the present case facts were different that it was only in view of penalties of censure imposed long before pre-mature retirement that the charge of irresponsible attitude towards official work was levelled against appellant-Said charge was not an independent charge, but was dependent on the first charge relating to imposition of said penalties of censure---Since on the first charge on imposition of penalties of censure, appellant could not be compulsorily retired from service on principle of "double vexation the other charge also which was dependant on the first charge, appellant could not be retired from service---Legal position would have been different had the charge of `inefficiency' been independent of the first charge and not a part and parcel of the same-Impugned was set aside and appellant was reinstated in service with back-benefits. 2004 SCMR 707 ref. Aurangzeb Mirza for Appellant. Kh. Tariq Masood for Respondents with Muhammad Ishaque Bhatti, Deputy Director/NADRA, Multan as Departmental Representative. Date of hearing: 22nd December, 2004. JUDGMENT MOAZZAM HAYAT…

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