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1980 PLC (C. S.) 571(1)

ANWAR ALI vs PROVINCE OF SIND AND OTHERS

Citation1980 PLC (C. S.) 571(1)
CourtSindh Service Tribunal
Case No.Appeal No. 6 of 1979
Date1979-06-06
Judge(s)Ghulam Rasool K. Sheikh, Abdul kadir, G. A. Mughal
ResultAppeal dismissed

ORDER

1. GHULAM RASOOL SHAIKH (CHAIRMAN).-The appellant was retired under section 13(1) of the Sind Civil Servants Act, 1973. The contention that inquiry ought to have been held before the order of retirement has no basis. No such inquiry is necessary as the retirement under section 13(1) is neither removal from set vice nor it amounts to a penalty. Even reasons are not necessary. It does not carry any stigma. Authority competent to act alone is the judge whether it is in public interest to allow the civil,, servant to retire him on completion of 25 years service or allow him to continue till the age of retirement fixed from time to time. In fact he cannot be treated to be an aggrieved person. So appeal is not maintainable unless it can be shown that there is colourable exercise or abuse of power as has been held by the Supreme Court in the case reported in PLD 1970 SC 98.

2. There is nothing on record to support any such accusation.

3. Appeal is summarily dismissed.

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