Legal Case Summary

Case Details
Case ID 7365069b-66dd-4097-a785-985c712f920a
Body View case body.
Case Number 441/176 of 1974
Decision Date Jul 24, 1977
Hearing Date
Decision The appeal filed by Iqbaluddin Ahmad Siddiqui against his compulsory retirement was dismissed by the Service Tribunal, Punjab. The tribunal found that the appellant failed to prove any mala fide intentions behind the decision made by the President of Pakistan. It was established that there was no substantial evidence indicating that the actions taken were motivated by any improper considerations. The tribunal emphasized the necessity for the appellant to demonstrate that the competent authority acted with mala fides, which he did not. Consequently, the tribunal upheld the decision of compulsory retirement without any order as to costs.
Summary This case revolves around the appeal of Iqbaluddin Ahmad Siddiqui against his retirement under the Removal from Service (Special Provisions) Regulation, 1972. The primary contention was that his retirement was based on mala fide intentions from the President of Pakistan, allegedly influenced by political pressures from the Governor of Punjab and his family. The tribunal considered testimonies from multiple witnesses, including a political advocate and a journalist, who highlighted the strained relations between the appellant and the influential Khar family. Despite these assertions, the tribunal found insufficient evidence to substantiate claims of mala fide actions against the President. The ruling reaffirmed the importance of proving mala fides in cases of compulsory retirement, ultimately leading to the dismissal of the appeal. This case underscores the legal principles surrounding administrative actions and the burden of proof required to challenge governmental decisions in Pakistan.
Court Service Tribunal, Punjab
Entities Involved
Judges M. SALEEM CHAUDHRY (CHAIRMAN), ASHFAQ ALI KHAN, KHALID FAROOQ AKBAR
Lawyers Syed Nazam Ali Shah
Petitioners IQBALUDDIN AHMAD SIDDIQUI
Respondents GOVERNMENT OF PAKISTAN AND OTHERS
Citations 1978 SLD 77, 1978 PLC 22
Other Citations P L D 1974 S C 151
Laws Involved Removal from Service (Special Provisions) Regulation, 1972
Sections M. L. R. 114