Law: Martial Law Order, 1977

Section: 23

Martial Law Order, 1977 [C. M. L. A.'s] No. 23-Jurisdiction of Review Board-Petitioner compulsorily retired from service but Prime Minister re-instating petitioner-No specific mention made by Review Board in summary put up before Chief Martial Law Administrator for recalling order of former Prime Minister-Order of former Prime Minister, held, not even impliedly recalled by Chief Martial Law Administrator by accepting summary --Setting aside of order of former Prime Minister, held, beyond purview of M. L. O. 23 and outside jurisdiction of Review Board and such order remained intact and called for implementation. Dates of hearing :.12th and 16th March, 1980.                                                                                                       JUDGMENT The facts giving rise to this petition, shortly stated, are as under: -- 2. The petitioner toad joined Engineering Service in Telephone & Telegraph Department on 21-7-1953 and, had an unblemished career of 23 years of meritorious service. Once in 1971 he was falsely implicated in a case and was convicted by the Summary Military Court, but was acquitted by the Martial Law Administrator on 2-2-1972 and reinstated in service as Engineering Supervisor under the order of the Director, Telephones, Karachi Telecommunication. Region, Karachi dated 4-2-1972. Later, on the re commendation of the Director-General, Telegraph & Telephone, Govern ment ' of Pakistan and the Ministry of Communication, he was granted accelerated promotion in Grade 17 with effect from 29-4-1975. It is alleged that the petitioner earned the displeasure of certain officials on account of his honest reporting against some officials who were involved in malpractices, culminating m the conviction of the accused persons. The petitioner had also the occasion to report against, an Accountant of the Divisional Engineer's office, Rawalpindi, and bad refute to carry out the…