Law:

Section:

Punjab Service Tribunals Act (IX of 1974)- --S. 4 read with Removal from Service (Special Provisions) Regulations, 1972 (C. M. L. A.'s) No. 114-Compulsory retirement under Martial Law Regulations 114-Challenged on grounds of malice and service record-Malice not proved-Past record found not unblemished-Interference in circumstances, refused by Service Tribunal. Appellant in person. Haroon-ur-Rashid Cheema, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-Mr. Iqbal-ud-Din Ahmad Siddique filed this appeal under section 4 of the Punjab Administrative Tribunal. He has impleaded the Government of Pakistan through Secretay, Establishment Division, Rawalpindi and the Government of the Punjab through the Chief Secretary as respondents. 2. By virtue of this appeal the appellant has prayed that the impugned order, dated 12th March, 1972 retiring the appellant from service be set aside and he be treated continuously in the service of the Punjab as Assistant Commissioner with a direction of consequential benefit of costs. 3. Brief facts of the case are that the appellant was retired under Martial Law Regulation 114 and he challenged the same on ground of malice, claiming that he had fallen victim to personal malice of Mr. Ghulam Mustafa Khar, the former Governor and the then Chief Minister of the Punjab. 4. It took three long years to conclude the appeal. On 24th July, 1977 this Tribunal vide judgment of the above date dismissed the appeal on the ground that the appellant bad failed to establish any mala fides against the competent authority. The matter did not rest at that stage as the appellant filed a C. P. S. L. A. before the Supreme Court of Pakistan against the judgment of this Tribunal. The case was concluded on 13th February, 1982 when the Lordship of the Supreme Court remanded the case for a fresh decision on merits taking into consideration the appellant's service record and other relevant material and se aside the judgment of the Tribunal so appealed against. 5. The appellant relying on the record so produced by him in his earlier appeal before this Tribunal as well as on the- evidence recorded by the said Tribunal with regard to the…

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