1. ' JUSTICE SHAH ABDUR RASHID (CHAIRMAN).-This is an appeal under section 4 of the Service Tribunals Act, 1973 (LXX of 1973), from order, dated 3rd June, 1982, whereby the appellant was retired under section 13 (ii) of the Civil Servants Act (LXXI of 1973). In view of the bar placed by Article 13 (1) of the Provisional Constitution Order, 1981, the Tribunal has no jurisdiction to entertain any proceedings calling in question such an order. However, on the language of Article 13 (I) ibid, we can examine the question whether the civil servant was retired after he had completed 25 years service qualifying for pension and retiring benefits,, and also whether the order of retirement had been made by the competent authority. To this can be added a third question, namely, that of mala fide, if raised by the appellant, because it has been held in numerous cases by the Supreme Court itself that a mala fide order is a nullity, and shall be deemed to have never been passed. In the present case, it is not denied that the retirement was made by the competent authority and that the appellant had rendered 25 years' qualifying service for pension and other retiring benefits.
2. The plea of mala fide has not been raised. The appellant's whole case appears to be that the present is a case of colourable exercise of jurisdiction, inasmuch as, there were certain allegations against the appellant and that instead of proceeding against him under the Government Servants (Efficiency and Discipline) Rules, resort had been taken to invoke the provisions of section 13 (ii) of the Civil Servants Act (LXXI of 1973). We are afraid, this is not the ground which can give us jurisdiction to entertain the appeal, because for retiring a person, the reasons need not be given and even if the reasons, if given, are not justified, the bar of Article 13 (1) ibid stands. The result is that the appeal fails, and we dismiss it for want of jurisdiction, in limine.