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Writ Petition No. 4007/S of 1980, decided on 22nd September, 1980.

Constitution of Pakistan (19'73)-

Art. 199-Writ petition-Competency-Contention that notwithstanding an appeal being competent before Service Tribunal, petitioner having teen retired mala fide, writ petition competent-Held, besides tenuous basis of allegation of mala fides, matter being appealable and determinable by production of evidence on facts and law alternate remedy adequate, hence writ petition not competent, in circumstances.

Federation of Pakistan through The Secretary, Establishment Division, Government of Pakistan, Rawalpindi v. Saeed Ahmad Khan etc. P L h .1974 S C 151 ref.

'Shahid Hussain Kadri for Potitioner.

Petitioner was retired from service under the provisions of Civil Servants Act, 1973 on 8-4-1980 w. e. f. 9-11-1979. He filed this Constitutional Petition on 24-4-1980 contending, inter alia, that he could not be retired with retrospective, effect. On 26-I-1980 a report was called for from the respondent authority. The latter withdrew the earlier order dated 8-4-1980 and passed another order dated 28-4-1930 probably becoming aware of the filing of the writ petition by amending the previous order dated 8-4-1980 and making the retirement prospective from 28-4-1980. The petition has come up for hearing today.

2. Learned counsel for the petitioner has contended that notwithstanding that an appeal could be filed before the Service Tribunal this petition is competent because the petitioner has been retired mala fide. He has relied on Federation of Pakistan through The Secretary, Establishment Division Government of Pakistan, Rawalpindi v. Saeed Ahmad Khan etc. (PLD 1974 SC 151).