Pakistan Case Law← Search
1983 SCMR 1193

GOVERNMENT OF PAKISTAN THROUGH SECRETARY, ESTABLISHMENT DIVISION

Citation1983 SCMR 1193
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. 179-R/1982 Appeal No. 95
Date1982-10-17
Judge(s)Mian Burhanuddin Khan, Muhammad Afzal Zullah, Shafi-ur-Rehman
ResultLeave granted

ORDER

1. SHAFIUR RAHMAN, J.---Leave to appeal is granted under Article 212(3) of the Constitution to examine the following questions of law of public importance arising in the case-

(1) Whether the order dated 18-12-1980 communicating the termina--petition of the service of the respondent as Intelligence Officer with immediate effect foreclosed any further inquiry into the manner, the authority and the full satisfaction of the jurisdictional requirements for the action taken though it appeared ex facie from the record made available to the Federal Service Tribunal hearing the appeal?

(2) Whether rule 17 (2) of the Defence Intelligence Service (Civilian Class 1) Rules, 1962 was ultra vires Article 220 of the Interim Cons--titution and was consequently neither saved nor continued under S. 25 of the Civil Servants Act nor was it available for taking action against the respondent ?

2. The operation of the impugned order of the Service Tribunal is suspended meanwhile. The appeal the be heard on the present record with liberty to the parties to file such additional documents as they consider necessary. The original file dealing with the termination of the service of the respondent to be made available at the hearing. 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.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search