Law:

Section:

(a) Removal From Service (Special Provisions) Regulation [MLR 58 of 1969] --Para. 3 Constitution of Pakistan (1973), Arts.270 A & 185(3)--Provisional Constitution Order [1 of 1981], Art.13 A Article 13 A of the Provisional Constitution Order 1981 having merged into Art.270 A of the Constitution, all the actions taken under Removal From Service (Special Provisions) Regulation, 1969 (MLR 58) did not stand validated notwithstanding the s of any of the superior Courts or Tribunals having nullified the action of the Authorities under Removal From Service (Special Provisions) Regulations; 1969 (MLR 58) and having reinstated any civil servant Principles. Legal question involved in the present case was whether in view of the insertion of Article 13 A in the Provisional Constitution Order through second amendment introduced on 30 8 1982 and the same having merged into Article 270 A of the Constitution of Pakistan, all the actions taken under M.L.R. 58 stood validated notwithstanding the s of any of the superior Courts or. Tribunals having nullified the action of the authorities under M.L.R. 58 and having reinstated any civil servant. Though the regulation had granted validity and immunity from the judicial review through Article 270(4) of the Constitution yet such immunity was enjoyed only by proceedings, orders, or acts, duly taken under law and did not extend to acts etc being coram non judice, without jurisdiction or mala fide. Immunity is not extended to orders or acts which were patently illegal, coram non judice, without jurisdiction or mala fide. No immunity could be attached to the action of authority constituted under M.L.R. 58(3) where the mind had already been made up to dismiss civil servants whose list had already been prepared much prior to the indictment or formality of appearing before the Tribunal. Any command issued by the higher authorities to such Special Tribunals to dismiss civil servants mentioned in the said list without providing them adequate opportunity of hearing was a mockery of civilized judicial system. Any provision seeking to oust the jurisdiction of superior Courts is to be construed strictly with pronounced leaning 'against the…

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