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Removal from Service (special Provisions) Regulation, 1972 [C. M. L. A.'s No. 114]-- ----Para. 3(1)-Retirement, premature -Mala fides-Appellant far from proving even failing to suggest mala fides on part of competent authority viz., President of Pakistan-Appellant failing to connect alleged incident of having stopped an overloaded bus for taking criminal action and leaving refused to comply with request of M. P. A. travelling in same bus to release it with retirement orders-Appellant having failed to discharge onus of proving males fides of competent authority presumption of correctness of official act held not displaced and appeal without force. ORDER M. SALEEM CHAUDHRY (CHAIRMAN.)--This appeal has been preferred by the appellant, an Ex-Sub-Inspector of Police, to challenge his retirement under M L R 114 by the order of the President of Pakistan as published in the News-papers on 13-3-1972. The appeal was admitted for hearing on 26-10-1974 on the basis of the allegations about male fide as contained in paragraph 9(1) of the grounds of appeal. Since the appeal involved allegations about male fide the following issues were framed -- (i) Whether the order of compulsory retirement of the appellant under M L R 114 is vitiated due to male fide on the part of respondent? If so to what effect? (O. P. A,) (ii) Whether the order of compulsory retirement has not been passed by the competent authority? If so, to what effect? (O. P. A.) (iii) Relief. As is apparent from the order no farther issues were claimed. The onus of both the issues above was upon the appellant. He produced two witnesses besides himself. A. W. 1, Irshad Ahmad Khan Yousafzai, an M. N. A. from Mailsi Tehsil and District Multan, stated that at above 5-00 p. m. on 24-2-1972 in his presence a vehicle belonging to Rajput Company was stopped the appellant as the same was heavily over-loaded. In the aforesaid Bus was also travelling. The bus-owner also happened to be a friend of the aforesaid Qazi Mohammad Aslam. Qazi Mohammad Aslam intervened and wanted the appellant to let off the bus without any challan or impounding the same. The appellant however remained adamant which engendered annoyance to the…

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