Citation Name: 2024 PLC(CS) 198 PUNJAB-SUBORDINATE-JUDICIAL-SERVICE-TRIBUNALBookmark this Case MUHAMMAD ANWAR ALI vs LAHORE HIGH COURT, LAHORE S — 2024 PLC(CS) 198 PUNJAB-SUBORDINATE-JUDICIAL-SERVICE-TRIBUNAL

Case information

Citation: 2024 PLC(CS) 198 PUNJAB-SUBORDINATE-JUDICIAL-SERVICE-TRIBUNAL
Year: 2024
Reporter: PLC
Parties: Citation Name: 2024 PLC(CS) 198 PUNJAB-SUBORDINATE-JUDICIAL-SERVICE-TRIBUNALBookmark this Case MUHAMMAD ANWAR ALI vs LAHORE HIGH COURT, LAHORE S
Subject matter: Criminal
Provisions referred to: S. 12---G; S. 12; Punjab Civil Servants Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2024 PLC(CS) 198 PUNJAB-SUBORDINATE-JUDICIAL-SERVICE-TRIBUNALBookmark this Case MUHAMMAD ANWAR ALI VS LAHORE HIGH COURT, LAHORE S.12---Government Servants (Efficiency and Discipline) Rules), 1973, R.4(b)(i)---Compulsory retirement---Object, purpose and scope---Civil servant was aggrieved of notification issued by authorities retiring him from service pre-maturely---Validity---Object of S.12 of Punjab Civil Servants Act, 1974, is to develop efficiency and discipline and achieve good governance in civil service---Civil servant who has served a considerable length of 20 years with a minimum level of efficiency, loses legitimate expectancy to perform better in future and only wants to stay with the sort of performance, which may be in his / her interest but certainly not in the interest of public---Basic difference between retirement under S. 12(i) of Punjab Civil Servants Act, 1974 and Government Servants (Efficiency and Discipline) Rules, 1973, is that retirement in terms of former provision is not a punishment and civil servant gets all service benefits without any stigma, whereas compulsory retirement under the latter provision is a punishment---Order under S. 12 of Punjab Civil Servants Act, 1974, is not interfered with as satisfaction of competent authority regarding efficiency and performance of an employee is not to be substituted by Court or Tribunal with its own opinion on the basis of analysis of record---In the present case first condition of completion of twenty years' service was not satisfied, thus, impugned retirement Notification could not have been issued---Justiciability of S. 12 of Punjab Civil Servants Act, 1974, without satisfying requirement mentioned therein were not proper to deprive a person from his / her legitimate right of service as source of earning---High Court reinstated the civil servant into service by setting aside show cause notice and retirement notification---Appeal was allowed accordingly.

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