Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 212(3)--Civil Servant Act (LXXI of 1973), S. 13(ii)--Service Tribunals Act (LXX of 1973), S. 4--Leave to appeal was granted to Federation of Pakistan as well as to the civil servant concerned to examine whether Service Tribunal was right in holding that the oral orders of Chief Martial Law Administrator were of no avail for retiring the civil servant under S. 13(il) of Civil Servants Act, 1973 and that the grounds of such retirement, namely, public interest, was not open to scrutiny and adjudication before Service Tribunal in appeal filed under S. 4, Service Tribunals Act, 1973. [p. 14] A (b) Appeal (civil)-- --- Appellant not pressing appeal with regard to grounds of appeal-­Appeal dismissed as not pressed. [p. 16] B (c) Civil Servants Act (LXXI of 1973)-- ---S. 13(ii)--Provisional Constitution Order (1 of 1981), Art. 13-­Orders of the Chief Martial Law Administrator dated 15-7-1977--Rules of Business framed under Arts. 90 & 99 of the Constitution of Pakistan (1973), para. 15(4)--Competent Authority and none else is empowered to give direction in public interest as to retirement of a civil servant on such date after he has completed twenty-five years of service qualifying for pension or other retirement benefits as the competent authority may, in the public interest, direct--Provision of Art. 13, Provisional Constitution Order, 1981 excludes jurisdiction only where such an order is passed by the competent authority and only where the civil servant concerned has completed twenty-five years qualifying service--Chief Martial Law Administrator alleged to have passed an order retiring a civil servant which was orally communicated to the Advisor (Establishment) to the President who had orally communicated same to the Establishment Secretary who had made a record of the same and proceeded to take action accordingly in the name of the President, who was the competent Authority to retire the civil servant--Advisor to the Chief Martial Law Administrator (Competent Authority) even if exercising delegated powers, had not himself passed the order of retirement nor such Advisor claimed to have exercised his own powers as a…

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