' S. HAFIZUR RAHMAN (MEMBER).-Ali Nawaz, former Sub-Inspector of Police, states through this appeal that the orders of his retirement from service under section 12 (ii) of the Punjab Civil Servants Act, 1974, are incompetent and, therefore, unlawful and of no legal avail. In this context he impugns the orders dated 3rd January, 1980 and 18th May, 1989 issued by the S. P. Vehari, the final order dated 10th December, 1980 passed by the. I. G. P. And the order dated 20th November, 1980 whereby the Review Committee, headed by the D. I. G. Multan Range, rejected the appellant's representation against his retirement.
2. The issue raised by the appellant has the following background. He was working as S. H.
0., Mitru, District Vehari when the D. I. G. Multan, transferred him to Muzaffargarh District. The appellant was relieved from Vehari District on 31st December, 1979. On 3rd January, 1980, i. e. Three days after the appellant was relieved of his duties, the S. P. Vehari, passed the order of his retirement on completion of 25 years of service qualifying for pension and other benefits. This order was sent to Muzaffargarh but was apparently not conveyed in writing to the appellant. However, he came to know of it and resoling back to Vehari he filed a civil suit and obtained a stay order in respect of the impugned order. The appellant filed a review petition on 4th March, 1980 which was ultimately rejected by the Review Committee on 20th November, 1980. The civil suit having been finally dismissed the appellant approached the High Court which advised the appellant to seek redress from this Tribunal. The S. P. Vehari, after the orders of these Courts, issued another order on 18th May, 1980 retiring the appellant with immediate effect, since by then the appellant had been transferred back to Vehari District. After a few days the words "with immediate effect" were substituted by the words "with effect from 3rd January, 1980" through a corrigendum issued by the S. P. On 25th May, 1980. However, on receiving the advice of the D. I. G. Multan, that this was irregular because on 3rd January, 1980 the S. P. Vehari, had no authority over the appellant, the S. P. Issued another order dated 18th June, 1980 by which the corrigendum was cancelled and the original order of 18th May, 1980 retiring the appellant with immediate effect was declared to be valid and operative.
3. The parties were heard. On behalf of the appellant the orders retiring him from 3rd January, 1980 were assailed, whereas in respect of the order retiring him with effect from 18th May, 1980 it was submitted that it had not been served on him. Moreover it was submitted that at the time of retirement the appellant's case for promotion to N. P. S-9 was pending and, therefore, according to PLD 1976 Lah, 1310 he could not he retired because the audit office would not be able to determine the exact pension benefits following promotion. It was also submitted that the appellant had a good service record and did not deserve this treatment from the respondent. The manner in which more than one order regarding his L P R was issued was also impugned.
4. We sent for the entire record of the case of retirement and L P R and went through it with great attention. We accept the appellant's contention that no order retiring him with effect from 3rd January, 1980 can be valid because he was not under the control of the S. P. Vehari, on that date.
However, the appellant has not been able to convince us that his retirement from 18th May, 1980 is wrong or illegal. The order dated 18th June, 1980 appears to be unexceptionable. On that date the S. P. Vehari, was the competent authority because the appellant had been re-transferred from Muzaffargarh to Vehari District. The appellant has completed 25 years of service -qualifying for pension and other benefits. No mala fide is alleged against the competent authority. In view of the Provisional Constitution Order, 1981, the appeal stands abated and is consequently dismissed. The appellant. Can, however, file another appeal with the competent authority as provided in the P. C. 0.