1984 PLP 1375 (SCMR)
M. AMIR MUHAMMAD‑‑Appellant Versus DEPUTY COMMISSIONER, DERA GHAZI KHAN and others‑‑Respondents
| Citation | 1984 PLP 1375 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Mushtaq Hussain and Shafiur Rahman, JJ |
| Parties | M. AMIR MUHAMMAD‑‑Appellant Versus DEPUTY COMMISSIONER, DERA GHAZI KHAN and others‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in 1984 PLP 1375 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1984 PLP 1375 (SCMR)?
The case was heard and decided by the High Court bench comprising: Mushtaq Hussain and Shafiur Rahman, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1984 PLP 1375 (SCMR) (M. AMIR MUHAMMAD‑‑Appellant Versus DEPUTY COMMISSIONER, DERA GHAZI KHAN and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Naazar Khan, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 23rd November, 1980.
Headnotes / Summary
(On appeal against the order dated 30‑5‑1977 of the Punjab Services Tribunal in Appeal No. 341/576 of 1975). ‑‑‑Art. 212(3)‑‑Punjab Civil Servants Act (VIII of 1974), S.12 (ii) ‑‑Petitioner competently retired compulsorily from service after completion of 25 years' service under S. 12 (ii) of Act‑‑Such civil servant had no legal right to be heard before passing order of compulsory retirement‑ Leave to appeal refused.
Judgment & Decree
Muhammad Naazar Khan, Advocate‑on‑Record for Petitioner. Nemo for Respondents. Date of hearing: 23rd November, 1980. MUSHTAQ HUSSAIN, J.‑‑ Amir Muhammad petitioner having completed 25 years' qualifying service for pension was retired in public interest by the Deputy Commissioner, Dera Ghazi Khan on 14‑5‑1975 exercising powers conferred by section 12 (ii) of the Punjab Civil Servants Act (VIII of 1974). The petitioner appealed against this order to the Commissioner, Multan, who dismissed the appeal .on 30‑9‑1975. He then filed an appeal under section 4 of the Administrative Tribunals Act, 1974 before the Punjab Service Tribunal, Lahore on 27‑10‑1975. The tribunal dismissed this appeal on 30‑5‑1957. Hence this civil petition for special leave to appeal.
2. It has been submitted before us that his case for retirement on the completion of 25 years' service had been duly considered by the District Advisory Committee in pursuance of clause 4 of Article 221 of the Interim Constitution of 1972 and the Committee had recommended the retention of the petitioner in service. Learned counsel submits that the action taken by the Deputy Commissioner on 14‑5‑1975 was, therefore, in effect a review of the previous order which the Deputy Commissioner had no power to do.
3. This submission ignores the fact that the previous order of the District Advisory Committee was under a different law altogether. The Constitution under which the action was taken had ceased to exist in 1973 when a new Constitution had come into force and it was in pursuance of the provisions of a new Act which was brought into being in 1974 under which the petitioner was compulsorily retired.
4. It has further been submitted before us that the petitioner had a right to be heard before the order terminating his service under section 12 (11) was passed. Learned counsel has not been able to show us any authority of law on the basis of which such a hearing was necessary.
5. This petition has no force and is dismissed. S.Q. Leave refused.