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1986 SCMR 803

HIDAYATULLAH vs FEDERATION OF PAKISTAN And Another

Petitioner: HIDAYATULLAH VS Respondent: FEDERATION OF PAKISTAN And Another

Court: Supreme Court of Pakistan Decision Date: 1985-11-15

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s):Mian Burhanuddin Khan, Muhammad Haleem, Zaffar Hussain Mirza, Shafi-

ur-Rehman Title: HIDAYATULLAH vs FEDERATION OF PAKISTAN And Another Case No.: Civil Appeal No. 441 of 1980 Date of Judgment:1985-11-15 Reported As: 1986 SCMR 803 Result: Order accordingly Judgment ORDER MUHAMMAD HALEEM, C.J.--The appellant was dismissed from service while serving as Sub- Divisional Magistrate at Lodhran, District Multan, under Martial Law Regulation No. 58, on 30th of May, 1970. He filed an appeal before the Service Tribunal which was dismissed on 18th November, 1979 on merits. Leave to appeal was granted to the appellant on 29th of November, 1980, against the judgment of the n Tribunal. During the pendency of the appeal, C.M.L.A. Order No. 3 of 1982 was promulgated on 30th of August, 1982 whereby Article 13-A was inserted in the Provisional Constitution Order. Article 13-A(b) in terms saves all actions taken under Martial Law Regulation No. 58 and further provides that all proceedings impugning such actions shall abate forthwith. Consequently, the proceedings stood abated as from the date of promulgation of the C. M. L. A. Order No. 3 of 1982. The appeal thus stands disposed of.

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