Friday, 10 August 2012

Dismissal turned into compulsory retirement

  Citation Name  : 2011  PLC  656     SUPREME-COURT
  Side Appellant : MUHAMMAD SHAUKAT
                        Art. 212(3)---Civil service---Dismissal from service---Conversion of order of dismissal from service into compulsory retirement---Petitioner was transferred from Head Office to zonal office of Bank, at. a close distance of about 200 yards, but instead of joining the duty, petitioner preferred a petition before National Industrial Relations Commission alleging therein unfair labour practice on part of Bank---Said petition was dismissed and after dismissal of petition, the petitioner was dismissed from service---Service Tribunal had also dismissed appeal filed by the petitioner against order of his dismissal from service---Validity---Petitioner having failed to make out any case, counsel for the petitioner had prayed that on humanitarian ground the petitioner could be given relief because he had handicapped child  and had no other source to support his child ---Counsel had further prayed that dismissal of the petitioner be converted into compulsory retirement---Bank authorities agreed to accommodate the petitioner provided that present order was not quoted as precedent in future---Petition was converted into appeal and penalty of dismissal from service awarded to the petitioner was converted into compulsory retirement with effect from date, the petitioner was dismissed from service accordingly.

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