' S. ABDUL JABBAR KHAN (CHAIRMAN).-Abdul Ghafoor, ex-A. S. I. Has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 against the orders of his retirement from service dated 5th January, 1980 and the appellate order dated 28th July, 1980 and has prayed that the same be set aside as being without lawful authority.
2. Brief facts of the case are that the appellant was working as A. S. I. In Sheikhupura when be was retired under clause (II) of section 12 of the Punjab Civil Servants Act, 1974, after completing his 25 years of qualifying service for pension with consequential benefits. He was allowed to avail himself of L. P. R. As admissible under the rules, if he applied for it within 15 days of the issue of the said Notification. He filed an appeal before the D. I.-G. Gujranwala/Chairman, Review Committee, who rejected his appeal as being without any force.
3. We have heard the learned counsel for the appellant as well as Malik Azam Rasool learned counsel for the respondent and have perused the record of the ease carefully with their assistance.
4. It has been urged on behalf of the appellant that the Superintendent of Police. Sheikhupura, who passed the orders of his retirement was not justified in doing so as he was himself member of the Review Committee. Also that when the appellant appeared before the Deputy Inspector-General, Gujranwala, for personal hearing no member of the Review Committee was present, therefore the appellate order was corm non judice. On the other hand it has been urged that the appeal stands abated in view of the P. C.
0. 1981 and therefore is liable to be dismissed.
5. We have given or anxious thought to the arguments advanced by the parties and find that in the case of the appellant the indispensable ingredient of 25 years of service qualifying for pension has been completed and that the authorities so retiring him was competent to do so. The grounds urged by the appellant are without any substance and as such the arguments pleaded by him are hardly of any avail in his case. The result is that the appeal stands abated and is dismissed accordingly. A However, the appellant if so advised, can file a review petition before the competent authority a concession provided under Article 13(ii) of P. C. O., 1981.