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M. MUHAMMAD SHAFI versus THE STATE


Punjab Volume 11, Rule 5 33 Compulsory Retirement Order Final After completion of 25 years of qualifying service by the competent authority, no appellant or reviewing eligible employee can represent the usual appellate authority.

P L D 1959 (W. P.) Revenue 152

Before M. Z. Khan, Member Board of Revenue, West Pakistan

M. MUHAMMAD SHAFT‑Petitioner

versus

THE STATE‑Respondent

Service Appeal No. 3874/59‑2960 and 61 of 1959, decided on 20th June 1959, District Sheikhupura.

Civil Service Mules, Punjab Volume 11, rule 5.33‑Patwari Compulsory retirement on completion of qualifying service of 25 years by order of competent authority‑Order final‑No appeal or revision competent‑Employee can make a representation to normal appellate authority.

ORDER

This is a petition in revision against order dated the 8th January 1959, of the Commissioner, Lahore Division who dismissed the appeal of M. Muhammad Shall, an ex‑Patwari of Tehsil Shahdara, District Sheikhupura, and upheld the order of the Collector, Sheikhupura District, dated the 23rd April 1958, by which the petitioner was retired from service compulsorily, under rule 5.33 of the C. S. R., Punjab, Volume II, for inefficiency, bad record of service and doubtful integrity.

2. The orders of the competent authority under rule 5.331 ibid, retiring the petitioner compulsorily from service on complet ing the qualifying service of 25 years and before reaching the, age of superannuation, are final, and not appealable. The executive' instructions, however, provide a representation to the normal appellate authority. There is no provision for revision of the appellate authority's directive. The petition of M. Muhammad Shafi, an ex‑Patwari, is therefore, not competent in law and is rejected.

K. M. A. Petition rejected

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