Law: Martial Law Order, 1977

Section: 23

(a) Martial Law Order, 1977 [C. .M L. A. s] No. 23, Para 2 (d) read with para. 3 (I)-Compulsory retire ment-Respondent No. -2 offering petitioner option either to retire voluntarily or face criminal prosecution-Petitioner accepting option t-o retire and making no grievance of being retired on account of 'atmosphere of awe and terror-Held, person is said to be compul sorily retired from service if retired under orders of Government and not as a result of his own option to retire-Held further, peti tioner had no right to file review petition under M. L. O. 23.   Martial Law Order, 1977 [C. M. L. A.'s] No. 23, para. 5-Power of competent authority-Petitioner applying for revision against his retirement-Review Board submitting report to Competent Authority and after receipt of report matter again referred to Director-General (Inquiries)-Contention that Competent Authority obliged to pass orders on review petition only on recommendation of Review Board, repelled-Competent authority, held, can refer case for further enquiries t any official agency. Date of hearing : 25th November, 1980-                                                                                                               JUDGMENT ZAFFAR HUSSAIN MIRZA, J.--This petition under Article 199 of the Constitution seeks to call it question the orders of retirement of the petitioner by Government of Sind, respondent No. 1 herein. 2. Briefly the facts forming the background of this case are that the petitioner was a permanent employee of the Karachi Development Authority having put in 15 years' service and in May 1974, he was serving as Inspector in the Budget & Estate Department of the K. D. A., On 17th May, 1974 a Press release was issued by the Government of Sind inter alia, announcing the list of officers including the petitioner who were placed under suspension with a view to prosecute them on specific…