Law:

Section:

Service Tribunals Act (LXX of 1973)- -- S. 6 read with Removal from Service (Special Provision) Regulation (M L R 114), para. 3 (1)-Jurisdiction of Tribunal in respect of orders passed under M. L. R. 114-Available only if order impugned mala fide, proof of-Mala fide--Onus on appellant - Mere fact of impugned order being issued only 2 days after promulgation of M L R 114 and' no scrutiny having been made under M L R 114 before passing such order-Not sufficient to prove rnala fide because enquiry might have been taken and tentative decision also taken earlier before promulgation of M L R 114-Mere mention of name of appellant in impugned notification twice or incorrect designation-Not sufficient to prove mala fides being clerical mistakes-Officers directly incharge of administration proved as annoyed due to litigation by appellant and having further been threatened by notice for contempt of Court proceedings-Mala fides, held, proved prima facie-Record summoned and examined by Tribunal-Impugned order found not based on justified grounds and not supported by record with reference to requirements of M L R 114-Appeal, in circumstances, accepted and retirement order set aside with consequential benefits. Federation of Pakistan v. Saeed Ahmad P L D 1974 S C 151; Muhammad Aslam Bajwa v. Federation of Pakistan P L D 1974 Lah. 545 and Md. Ismail Talukdar v. Government of East Pakistan and 2 others P L D 1970 Dacca 243 ref. Appellant in person. Syed Muhammad Shahudul Huque for Respondent. Dates of hearing: 18th December 1978 and 1st March 1979. JUDGMENT SHAH ABDUR RASHID (CHAIRMAN)-[HEARD ON 18-12-1978]:-Nazir Ahmad appellant joined as Engineering Supervisor, Telegraphs before the Partition of Indo-Pak Sub-continent in 1943. After Partition he opted for Pakistan and in 1949 was promoted as Assistant Engineer, Telegraphs. In 1961 he got another promotion and became Divisional Engineer Telegraphs. While he was serving as Divisional Engineer, Telegraphs and Telephones Directorate-General at Lahore, the then Chief Martial Law Administrator promulgated Removal from Service (Special Provision) Regulation, 1972 (hereinafter referred to as M.L.R. 114 on 10th of March, 1972. On the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492