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Martial Law Regulation, 1977 [C. M. L. A.'s]--- --- No. 114, para. 3(1)--Formation of opinion by competent authority i.e. President or his delegatee Governor-Mandatory-Record of appellant not given considered attention to judicially assess culpability in respect of service performance-Compulsory retirement order, in circum­stances, held, invalid and of no legal effect----Punjab Service Tribunals Act (IX of 1974), S. 4. Mohammad Anwar Malik v. Federation of Pakistan, etc, Appeal No. 584/525 of 1974 (unreported) rel. JUDGMENT M. SALEEM CHAUDHRY (CHAIRMAN).------This appeal was filed in 1974. It was being heard on grounds of jurisdiction and mala fides only when the Supreme Court of Pakistan ruled on 13-6-1975 In re : Mohammad Israr Nabi v. Government of Pakistan that this Tribunal was expected to go into the merits of each case arising out of action under M. L. R. 114. Consequently the appellant submitted fresh grounds of appeal and the appeal was heard on merits. 2. Zaigham Hussain, the appellant, joined service on 15-10-1955 and was serving as Veterinary Assistant Surgeon in the Animal Husbandry Department when he was compulsorily retired on 18-3-1972 vide an order issued under M. L. R. 114. No charge-sheet was served on the appellant nor was he otherwise informed of the reasons for this action. AS allowed by M.L.R.116, the appellant filed a review petition on 22-3-1972 but so far he has riot heard anything about its result. 3. The parties were heard. The appellant had nothing significant to say on the merits side since, according to him, he was not aware whether there really was any charge against trim. He stated that his service record was clean except for an adverse remark in his A. C. R. given by respondent No. 2 who had maintained a running enmity and malice towards the appellant per since the days when the- appellant was a student in the College of Animal Husbandry and respondent No. 2 was a teacher there. In fact, he said, mala fide on the part of respondent No. 2 could be the only reason for his premature retirement because the adverse entry mentioned by him was also the result of this mala fide. It was submitted that the appellant's case had not been…

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