Law:

Section:

(a) Mala fides--Any action which was mala fide was an act without jurisdiction---Scope of mala fides, however, could not be stretched to an extent that all acts which were without jurisdiction, should be treated as mala fide. Federation of Pakistan v. Malik Ghulam Mustafa Khar PLD 1989 SC 26; Abdul Rauf v. Abdul Hameed Khan PLD 1965 SC 671; Pakistan v. Saeed. Ahmed Khan ~PLD 1974 SC 151 and State v. Ziaur Rehman PLD 1973 SC 49 rel. (b) Jurisdiction--- ---- Any act done mala -de would be without jurisdiction---All acts which were without jurisdiction could not necessarily be treated as mala fide. (c) Constitution of Pakistan (1973)--- ----Art. 185(3)---Order of respondent's dismissal from service by the petitioner---Validity---High Court's , that order of respondent's dismissal from service was mala fide, coram non judice and without jurisdiction being correct on basis of record, leave to appeal was refused. ORDER SALEEM AKHTAR, J; --The petitioner seeks leave to challenge the judgment passed by the Division Bench of the High Court of Sindh declaring the order of dismissal of the respondent passed without lawful authority, patently illegal and clearly mala fide and coram non judice. 2. The respondent was. a member of All India Class-I Service having joined the same in May, 1942. He remained on various posts and in July, 1958, his services were given on loan to WAPDA on the terms approved by the Central Government and accepted by the petitioner. In July, .1968, he was promoted as Director and was-to retire from Government service on 13­10-1968 and a notification had been issued to that effect on 12-6-1968. He was not allowed by the Chairman, WAPDA, to proceed on LPR who recommended to the Central Government to grant extension to the-petitioner. His services were extended for two years in supersession of the earlier notification which was later approved by Special Review Committee appointed by Gen. Yahya Khan. On 6th December, 1969, the petitioner was asked to collect a secret letter received from Government of West Pakistan which turned out to be an order of suspension from service which was passed without any enquiry or notice to the petitioner. On 8th December,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492