| Case ID |
7365069b-66dd-4097-a785-985c712f920a |
| Body |
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| 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
|