Law:

Section:

Provisional Constitution Order (1 of 1981)-------Art. 13-A [as inserted by. Provisional Constitution (Second Amendment) Order (3 of 1982)]---Civil servant's dismissal for misconduct---Service Tribunal dismissed civil servant's appeal against his dismissal---During pendency of civil servant's petition before Supreme Court, Provisional Constitution Order, 1981, as amended by Provisional Constitution (Second Amendment) Order, 1982, came into force whereby petition stood abated---Petitioner's contention was that his order of dismissal being mala fide, it was not affected by amendment made in Provisional Constitution Order---Such plea having also been taken before Service Tribunal was rejected---Service Tribunal, after examining 'the record came to conclusion that almost all the charges against petitioner stood proved---Even. if contention of petitioner was accepted that his petition did not abate by operation of amendment in the Provisional Constitution Order, case was not one fit where leave to appeal be granted---Leave refused. ORDER SAAD SAOOD JAN, J.---The petitioner joined the Provincial Civil Service (E.B) in the Punjab in 1948. He was posted as Deputy Commissioner, Jhang in January, 1969, On 4-12-1969 he was placed under suspension and proceedings under Martial Law Regulation No. 58 were initiated against him. He was served with a charge-sheet. He submitted a written reply. The Tribunal set up under the said Regulation considered his reply and also heard him in person. Apparently, his explanation was not found satisfactory and by an order dated 4-3-1970 he was dismissed from service by the President. On the constitution of the Punjab…

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