Law:

Section:

(a) Removal from Service (Special Provisions) Regulation, 1969 [MLR 58]-------Para. 3---Service Tribunals Act (LXX of 1973), S. 4---Constitution of Pakistan (1973), Arts. 199 & 212---Constitutional petition---Dismissal from service---petitioner was dismissed from service after being served with charge-sheet alongwith statement of allegations.--Service Tribunal ordered reinstatement of petitioner, w1Lich was not implemented by the Authority-Proceedings conducted against petitioner by Military Tribunal did not at all conform to provisions of para. 3(2) of Removal from Service (Special Provisions) Regulation, 1969 [M.L.R. 58] as petitioner was not given fair chance to meet the allegations levelled against him---No witness was allowed to participate in the proceedings m support of defence of petitioner ---Military, Tribunal already had a secret list earlier prepared by the Martial Law Authority wherein even the punishment -proposed to be given to the petitioner was mentioned---1n the presence of such list it could be said that whole exercise was mala fide ---Mala fide action being no action under the law no sanctity could be attached to the same---Petitioner had gone twice before Service Tribunal and succeeded in obtaining the final order of his re-instatement in service, but said order was not implemented---Petitioner having had rushed from pillar to post principle of laches would not be attracted---Action taken against petitioner totally being mala fide, Constitutional petition filed by petitioner was not hit by the bar placed by Art.212 of Constitution of Pakistan (1973). S.A. Rizvi v. Islamic Republic of Pakistan and others 1992 SCMR 1309; Federation of Pakistan through Secretary, Establishment Division, Islamabad v. Sh. Abdui Aziz 1998 SCMR 91; Federation of Pakistan and others v. Malik Ghulam Mustafa Khar PLD 1989 SC 26; M. Yamin Qureshi v. Islamic Republic of Pakistan and others PLD 19RO SC 22; Khalid Mahmood Wattoo v. 'Government of Punjab and others 1998 SCMR 2280; Islamic Republic of Pakistan v. S.A, Rizvi 1992 SCMR 1309; Abdul Rauf v Abdul Hameed Khan PLD 1965 SC 671; Pakistan v. Saeed Ahmad Khan PLD 1974 SC 15i; State v. Zia-ur-Rehman PLD 1973 SC…

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