Law:

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Removal from Service (Special Provisions) Regulation, 1972 [C. M. L. A: slNo. 114, para. 3(1) read with Punjab Administrative Tribunals Act (IX of 1974), Ss. 4 & 5-Premature compulsory retirement-Civil .Service Tribunal, .obligation of-Notwithstanding failure of petitioner to establish male fides on part of Pakistan (in whose name order of premature retirement passed), Service Tribunal, acting as Court of appeal on administrative side, held, not only empowered. but in fact under obligation, to examine petitioner's case on merits and . to come to its own conclusion on question whether petitioner rightly' retired or not.-Solitary sentence in Tribunal's order, viz., "since nothing was produced in support of the other issues the same is also decided against the appellant"-Held further, hardly satisfies requirement of law--Record not indicating examination by Service Tribunal of entire service record of petitioner as well as correctness of allegations made against petitioner for purpose of his compulsory retirement petitioner deprived of a valuable right-Case remitted for fresh decision on merits in light of petitioner's service record and other relevant material.-[Civil services]. Federation of Pakistan v. Saeed Ahmad Khan and another P L D 1974 S C 151 ref. Ch. Muhammad Shaukat Tarar, Advocate instructed by Tanvir Ahmad, Advocate-on-Record for Petitioner. Khan Iftikhar-ul-Haq Khan, Advocate with Sh. Ijaz All, Advocate-onRecord for Respondents. Date of hearing : 13th June 1979. ORDER ANWARUL HAQ, - C. J.--This petition seeks leave to appeal against an order made by the Punjab Service Tribunal on the 5th of April, 1978, whereby the Tribunal has refused to interfere with an order of premature retirement made against the petitioner on the 13th of March, 1972, by the President of Pakistan under Martial Law Regulation 114. It was contended on behalf of the petitioner that he had earned good reports during his service of 22 years in the Building Department of the P. W. D. and that the action against him was male fide for the reason that he had earned the displeasure of the then Chief Engineer Mr. Zubair owing to a matrimonial dispute, his wife being a relation of Mr.…

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