1991 PLP 1874 (SCMR)
Rai MUHAMMAD BASHIR — Petitioner Versus THE DEPUTY DIRECTOR FOOD, GUJRANWALA — Respondent
| Citation | 1991 PLP 1874 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Saad Saood Jan and Rustam S. Sidhwa, JJ |
| Parties | Rai MUHAMMAD BASHIR — Petitioner Versus THE DEPUTY DIRECTOR FOOD, GUJRANWALA — Respondent |
| Primary Law | Punjab Civil Servants Act (VIII of 1974) |
Q1: What are the key laws and sections cited in 1991 PLP 1874 (SCMR)?
This judgment primarily cites: Punjab Civil Servants Act (VIII of 1974) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 1874 (SCMR)?
The case was heard and decided by the High Court bench comprising: Saad Saood Jan and Rustam S. Sidhwa, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1874 (SCMR) (Rai MUHAMMAD BASHIR — Petitioner Versus THE DEPUTY DIRECTOR FOOD, GUJRANWALA — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Tariq Nasim, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate-on-Record for Petitioner.
- Malik Maqbool Elahi, Advocate-General Punjab for Respondent.
- Date of hearing: 23rd January, 1990.
- Tariq Nasim, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate‑on‑Record for Petitioner.
- Malik Maqbool Elahi, Advocate‑General Punjab for Respondent.
Headnotes / Summary
(From the judgment dated 1-9-1987 of the Punjab Service Tribunal in Appeal No.50/156 of 1987).
Ss.12(ii) & 21(i)
Constitution of Pakistan (1973), Art. 212(3)
Retirement-- Service Tribunal dismissed appeal of petitioner on ground that petitioner had approached Service Tribunal without first exercising his right of departmental appeal against order of his retirement passed by competent Authority
No infirmity existed in the view taken by Service Tribunal which otherwise was in accord with earlier decision of Supreme Court
Leave to appeal was refused. Ali Raza Shah Naqvi v. Government of Sindh P L D 1979 SC 856 ref.
Judgment & Decree
SAAD SAOOD JAN, J.‑The petitioner was serving as Assistant Food Controller, Gujranwala. By an order dated 5‑11‑1986, he was retired from service under section 12(ii), Punjab Civil Servants Act on completion of 25 years of service qualifying for pension and other retirement benefits. The order was passed by the Deputy Director. He had the right of appeal before the Director under section 21(1), the Punjab Civil Servants Act. Instead of exercising this right he preferred a review petition before the Deputy Director which was dismissed. He then filed an appeal before the Federal Service Tribunal. The learned Tribunal dismissed the appeal on the ground that the petitioner had approached the Tribunal without exercising his right of departmental appeal. The petitioner seeks leave to appeal from this Court.
2. After hearing the learned counsel we are unable to find any infirmity in the view taken by the learned Tribunal; in fact it is in accord with the decision of this Court in the case of Ali Raza Shah Naqvi v. Government of Sindh (P L D 1979 S C 856). Leave is refused. H.B.T./M‑1312/S Leave refused.