Law:

Section:

(a) Removal from Service (Special Provisions) Regulation [C. M. R. A's. 58 of 1969] - Constitution of Pakistan (1972), Art. 281(1) & (2)-Order removing public servant under provisions of Regulation 58 of 1969-Not challengeable in writ jurisdiction. State v. Ziaur Rahman P L D 1973 S C 46; Federation of Pakistan v. Saed Ahmad Khan P L D 1974 S C 151 ref. (b) Removal from Service (Special Provisions) Regulation [C. M. L. A's. 58 of 1969]  Constitution of Pakistan (1972), Art. 201-Onus to prove mala fides-Lies on person making such allegation-Requirements of mala fide action stated. Allegation of mala fides must not be vague, it must be pleaded with particularity and no enquiry is to be launched merely on the basis of vague and indefinite allegations, nor should the person alleging mala fides be allowed a roving enquiry into the files of the Government for the purposes of fishing out some kind of a case. The onus lies entirely upon the person alleging mala fides. Federation of Pakistan v. Saeed Ahmad Khan P L D 11974 S C 151 ref. (c) Constitution of Pakistan (1972) Art. 201-Lathes-Petitioner not diligent in pursuit of his re medies-Petition for writ filed more than a year after dismissal of his representation-Petition, held, rightly dismissed on ground of laches. Date of hearing : 26th April 1974.                                                                                                                     ORDER SALAHUDDIN AHMED, J.-The petitioner was a member of Provincial Civil Service, N.-W. F. P., and he was confirmed with effect from the 11th of November 1952. He was later promoted to the Senior C. S. P. scale, and was posted as Director, Basic Democracies, Dera Ismail Khan Division. On the 2nd of December, 1969, the then Chief Martial Law Adminis trator promulgated Martial Law Regulation No. 58, called Removal from Service (Special Provisions)…