' SAAD SAOOD JAN, J.---The petitioner joined the Provincial Civil Service (E.B.) in the Punjab in 1948.
He was posted as Deputy Commissioner, Jhang in January, 1969. On 4-12-1969 he was placed under suspension and proceedings under Martial Law Regulation No 58 were initiated against him.
He was served with a charge-sheet. He submitted a written reply. The Tribunal set up under the said Regulation considered his reply and also heard him in person. Apparently, his explanation was not found satisfactory and by an order dated 4-3-1970 he was dismissed from service by the President.
' On the constitution of the Punjab Service Tribunal he filed an appeal against the order of dismissal. His appeal was dismissed on 3-8-1980. He then filed the present petition for leave to appeal in this Court.
2. During the pendency of the petition, the Provisional Constitution Order came into force. This Order was amended by C.M.L.A's Order No III of 1982. By virtue of the amendment, the petition stood abated. (See Hidayatullah v. Federation of Pakistan; (1986 SCMR 803).
3. Learned counsel for the petitioner contends that as in the present case the order of dismissal was mala fides, it was not affected by the amendment made in the Provisional Constitution Order.
It is to be noticed that the plea of mala fides was also takeen before the Tribunal but it came to the conclusion that it was not conclusively proved that the action against the appellant was solely the result of the mala fides. The Tribunal also went through the various charges contained in the charge-sheet served upon the petitioner and after examining the record it came to the conclusion that almost all of them stood proved. In the circumstances, even if the contention of the petitioner is accepted that his petition did not abate by operation of the amendment in the Provisional Constitution Order, this is not a fit case where leave to appeal may be granted. The petition is disposed of accordingly.