Law: Removal from Service (Special Powers) Ordinance, (XVII of 2000)

Section: 3

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Removal from Service (Special, Provisions),Regulation, 1972 (M.L.R No.114)---   ---Para.3--Constitution of Pakistan (1973), Art. 185(3)--Retirement- Respondent challenged before High Court order of his retirement on ground that same was not issued by President of Pakistan under Martial Law Regulation No.114 but was passed by Registrar of the University who was not authorised by the President to do so--High Court also proceeding on said presumption and setting aside order of retirement--Factual position, however, was that President .had issued order retiring respondent from service in exercise of powers conferred upon him under para 3(1) of Martial Law Regulation 114--Order of High Court set aside and order of the President retiring respondent upheld as valid in law.   (b) Constitution of Pakistan (1973)--   ---Art.185--Appeal before Supreme Court--Plea not raised before High Court, held, could not be allowed to be taken up for first time before Supreme Court.   JUDGMENT ABDUL KADIR SHAIKH, J.--This appeal by leave is directed against the judgment of Sind High Court dated 20-10-1983 whereby constitution petition filed by Dr. Ahmed Bashir, respondent No.1, was allowed with the result that the order of Registrar, University of Sind dated 15-3-1972 retiring the respondent from service with effect from 30-3-1972, as per Martial Law Regulation No.114 issued by the President and Chief Martial Law Administrator was held to be not in accordance with law and without jurisdiction. The facts of the case as presented before the High Court on crucial legal point of law affecting decision in the case were different from those presented before us and which are the admitted facts, based on correct record. The real facts are that respondent was retired from service with effect from 30-3-1972 under the order of the. President in exercise of powers conferred by sub-paragraph (1) of paragraph 3 of Martial Law Regulation 114 issued by the Chief Martial Law Administrator. This order was published in the Gazette of Pakistan, Extraordinary, dated 13-3-1972. It was subsequent to the aforesaid order that Registrar, University of Sind then issued the following…

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