' S. ABDUL JABBAR KHAN (CHAIRMAN).-Ch. Muhammad Ejaz Ahmad Kahloon P. P. M., ex-Deputy Superintendent of Police has filed this appeal in which he has impleaded Government of the Punjab, through Secretary, Home Department, Civil Secretariate, Lahore, Inspector-General of Police, Punjab, Lahore and Additional Inspector-General of Police, Punjab, Lahore as respondents.
2. By virtue of this appeal he has prayed that the order dated 5th January, 1980 whereby the appellant has been retired from service and order dated 14th February, 1980 whereby the representation of the appellant has been rejected be declared illegal, void ab initio, mala fide and the appellant be reinstated in service with all back benefits.
3. Brief history of the case is that the appellant was recruited in the Punjab Police as an A. S. I. On 21st March, 1946. The appellant has been retired under section 12 (ii) of the Punjab Civil Servants Act, 1974 on 5th January, 1980, while he was serving in Police College, Sihala. The appellant filed review petition against the said order but the same has also been rejected. The appellant has completed 33 years of service at the time of his retirement. Hence this appeal.
4. We have heard the learned counsel for the appellant as well as the learned District Attorney and Malik Azam Rasul learned Advocate for the respondent and have perused the record of this case carefully with their assistance.
5. The learned counsel for the appellant has submitted that the appellant was a recipient of "Pakistan Police Medal for Gallantary" and had unblemished record with large number of commendation certificates as well as cash reward. According to the learned counsel the appellant completed his 25 years service on 21st March, 1971 on which date he was holding the substantive rank of Sub-Inspector and was working in the capacity of officiating Inspector of Police. His record was thoroughly examined and reviewed by the competent authority but he was promoted to a higher rank by way of confirming him in the rank of Inspector on 1st June, 1973. It has been further submitted that in March 1975 the appellant's case was reviewed once again by the competent authority for purposes of exercising the powers conferred on him by section 12 (ii) of the Punjab Civil Servants Act, 1974 and he was ordered to be retired from service with immediate effect.
However, this order was rescinded by the Governor of Punjab and the appellant rejoined the Department. According to the counsel once an exercise has been made in the case of the appellant and the same stood rescinded by the Governor no further exercise would be available in his case with the competent authority.
6. On the other hand, the learned District Attorney and Malik Azam Rasul, Special Government Pleader for the respondent have submitted that this is a case of retirement simpliciter under section 12 (ii) of the Punjab Civil Servants Act which now stands protected by Article 13 of P. C.
0. Of 1981, therefore, no exception can be taken to this order by this Tribunal when there is no malice behind the said order.
7. We have given our anxious thoughts to the arguments so advanced by the parties before us and find that the appellant has been retired after completing 25 years of service qualifying for pension and other retirement benefits under section 12 (ii) of the Punjab Civil Servants Act and Article 13 of the P. C.
0., 1981 has taken away the jurisdiction of this Tribunal as well as other superior Courts of this country to sit in judgment over such orders. Although the appellant has made mention of mala fide but has failed to produce any evidence to prove the same against the competent authority.
8. In view of above we do not find any merits in this appeal and dismiss the same in view of Article 13 of P. C.
0., 1981.
' However, the parties will bear their own costs. Judgment be communicated to the parties.