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).
3. Besides the tenuous basis of the allegation of mala fide, the matter which is appealable, where it cart be determined by production of evidence on facts and law, and the alternate remedy being adequate, the writ petition is not competent in the circumstances of the case.
4. In view of what has been stated above, there is no force in this petition and the case is, accordingly, dismissed in limine. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.