Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-- ---S. 4-Limitation-Appeal against dismissal under Removal from Service (Special Provisions) Regulation [M. L. R. 58 of 1970]--­Limitation starts from date of establishment of Tribunal in cases other than those abated-Appeal filed within six months of such date (22-2-1974)-Within limitation period-Service Tribunal has full jurisdiction to go into facts and merits of order passed under M. L. R. 58. Removal from Service (Special Provisions) Regulation [M. L. R. 58 of 1970]- ---Para. 3(1)-Requirement of formation of opinion-Relates to final action and not to initiating of action-Suspension order recorded by President in individual cases-Formation of opinion for suspension­--Presumed-Suspension during Leave Preparatory to Retirement-Not violative of procedure-Period of Leave Preparatory to Retirement­--Service period-Fundamental Rules, rr. 67 & 86(5) and Civil Service Regulations, Art. 189. Removal from Service (Special Provisions) Regulation [M. L. R. 58 of 1970]- Para. 3(b) read with Provisional Constitution, Order, 1969, para. 3(1) and Proclamation dated 25-3-1969, paras. 5(a), (c) and Constitution of Islamic Republic of (Pakistan) 1962, Arts. 177, 178 & 185­Expression "Subject to regulation" occurring in para. 5(a) of Proclama­tion dated 25-3-1969 and para. 5(a) of Provisional Constitution Order, 1969-Effect of-Unless specifically abrogated, amended or excluded by Proclamation, Order or Regulation made by C. M. L. A. directly or by implication provisions of Constitution of 1962 would survive not only in respect of structure of Government but in respect of all matters-Effect of para. 3(b) of M. L. R. 58-Constitutional protections of (1) right' of appeal or review, (2) reference to Public Service Commis­sion in matters affecting terms and conditions of service and in disciplinary matters-Not available in cases processed under M. L. R. 58-M. L. R. 58 authorises, dismissal, removal etc. of a Civil Servant notwithstanding anything to the contrary contained in terms and conditions of Service; provided that (1) he is informed of reasons for action (2), he is afforded opportunity to show cause in writing, and (3) he is given…

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