Law:

Section:

Removal from Service (3pecial Provisions) Regulation, 1972 [C. M. L. A.'s No. 114]- ---Para. 3(1)-Retirement, premature-Mala fide-Appellant not only failing to prove male fide against President of Pakistan (ordering retirement) but even failing to allege mala fide against him ­Appellant's statement not containing even bare assertion of Governor having prevailed upon President to take action against appellant ­Appellant having failed to prove competent authority being motivated by mala fide considerations, appeal, held, without any force and dismissed. P L D 1974 S C 151 rel. ORDER M. SALEEM CHAUDHRY (CHAIRMAN).-The appellant, an Ex-P. C. S. is aggrieved of his retirement under M. h. R. 114 w. e. f.12 3-1972 under the order of the president of Pakistan. At the time of retirement he was posted as Assis­tant Commissioner, Taunsa District, Dera Ghazi Khan. In 1974 he filed a writ petition in the High Court (Writ Petition No. 706 of 1974) which though admitted for regular hearing, abated in view of Article 212 of the Constitution of Pakistan and the promulgation of Punjab Service Tribunals Act, 1974. He filed an appal in this Tribunal which was admitted to regular hearing on 6-11-1974 on the plea of male fides on the part of competent authority. It was recorded in the admitting order that the appellant entirety relied upon paras 3 to 13 of the Writ Petition in support of his plea of mina fides, which referred to the allegations in the Writ Petition No. 706 of 1974 in this regard. 2. Since the appeal was to be decided on the question of mala fide the following issues were framed :- (i) Whether the order of compulsory retirement of the appellant passed by the respondent under M. L. R. 114 is vitiated due to male fide and if so to what effect? O. P. A. (ii) Relief. 3. The appellant produced 4 witnesses. A. W. 1 Syed Nazam Ali Shah Advocate stated that at the relevant time in 1971 he was the President of City People's Party Taunsa City and the appellant was the Assistant Commissioner. He stated that ho filed a criminal complaint No. 18/2 dated 1E-2-1972 under Section 504/536, P. P. C. on behalf of Mr. Maqsood Ahmad Balooch against Kh. Ghulam Ilyas the sister's son of…

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