Law:

Section:

(a) Constitution of Pakistan (1973)-Art. 212 (3)-Administrative Tribunal, orders of-Appeal-Jurisdiction-Questions raised involving inquiry into disputed questions of fact nor in nature of questions of law-Examination of .such disputed questions of fact, held, cannot be undertaken by Supreme Court so as to pre-empt appellate jurisdiction vesting in Service Tribunal-Service Tribunals Act (LXX of 1973), S. 4. (b) Removal from Service (Special Provisions) Regulation 158 of 1969]- Para. 3 read with Constitution of Pakistan (1973), Arts. 270(4), 185(3) & 212-Government Servant, Removal from service-Appeal Despite validation provisions contained in Art. 270(4), Constitution of Pakistan (1973), appeal before Service Tribunal, held, fully competent Service Tribunals Act (LXX of 1973), S. 4. M. Yamia Qureshf d. Islamic Republic of Pakistan P L D 1980 S C 22 ref. Petitioner in person. Irshad Hasan Khan, Deputy Attorney-General for' Pakistan, S. M. Shahudul Haq, Advocate and Fazal-i-Hussain, Advocate-on-Record for Respondents. Date of hearing : 11th November 1979. ORDER ANWARUL HAQ, C. J.-Petitioner Waqar Ali Sheikh entered service in the Superior Revenue Establishment of Indian State Railways on the 4th of October 1928, and rose to the rank of Vice-Chairman of the Railway Board. He was due to retire on the 30th September, 1966, but was granted extension in service for.. a period of two years ending on 30th September 1968. He proceeded on leave preparatory to retirement for one year from the 25th of September 1968, to the 24th of September 1969. During this period of leave he entered into a contract of service with a private firm with the permission of the Government. He was, however, recalled from leave under an order issued by the Acting President of Pakistan on the 23rd of September 1969, and granted extension in service for a period of one month. He reported for duty as Officer-on-Special duty on the afternoon of the 24th of September 1969. He then proceeded on extraordinary leave without pay, but his service was extended from time to time until he was placed under suspension on the 3rd of December 1969, under Martial Law Regulation No. 58. , A charge-sheet was…

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