' ABDUL RAZZAQ A. THAHIM (CHAIRMAN).---The facts of this appeal are that appellant Mr. Muhammad Yousuf was working as Sub-Inspector in the Airport Security Force, Karachi. On 1-4- 1994 when he was on duty, he apprehended a passenger, namely, Abdus Salam, who was travelling by PK-731 and from his search one bottle of oil was found and was asked to leave the bottle or deposit the same in his hold baggage, but the passenger escaped for boarding, but was hauled up by the ASF staff and the Force Commander who was on visit and had seen the incident.
According to the appellant, he was called by the Force Commander to explain to which appellant apologized for the negligence of his staff members. The explanation put forth by the appellant was not found satisfactory and on the same day a formal offence report under the Pakistan Army Act was prepared and action taken accordingly, whereby the appellant was demoted from the post of Sub-Inspector to that of Assistant Sub-Inspector by order, dated 2nd April, 1994. Being aggrieved, he preferred an appeal to the Force Commander ASF, Karachi on 11-4-1994 but was informed by letter dated 26-4-1994 that under the rules, the request of the appellant for promotion shall be considered after completion of 6 months from his date of demotion. The appellant then filed this appeal before this Tribunal on 26-5-1994 under section 4 of the Service Tribunals Act, 1973.
2. Mr. S. Riaz Haider, Advocate for the appellant argued the appeal and submitted that the employees of ASF have been declared civil servants and are amenable to jurisdiction of the Service Tribunal in view of the Supreme Court decision reported in 1993 SCM R 1, and were to be proceeded under the provisions of the E&D Rules. However, in the instant case the action against the appellant has been taken under the provisions of Pakistan Army Act and the appellant has been demoted on verbal orders, without following the procedure laid down under the Pakistan Army Act, and, therefore, the action is void ab initio. He also referred to the Ordinance No, XXIII of 1994, dated 24th March, 1994 whereunder amendment has been made in Section 7-A of the Airports Security Force Act, 1975, and a new subsection (4) has been inserted, ousting jurisdiction of the Tribunal. It is contended that although the Ordinance has been passed by the National Assembly and the Senate, but has not yet been assented by the President of Pakistan, this Ordinance cannot be acted upon as to deprive the ASF employees for seeking their legal remedy from this Tribunal. He relied on 1984 PLC (C.S.) 497 and PLD 1994 SC 363.
3. Mr. Javed Akhtar, Law Officer appeared on behalf of ASF and submitted that under the amending Ordinance, which has been passed by the National Assembly and the Senate and is likely to be signed by the President, the jurisdiction of the Tribunal stands excluded to the extent of action taken under Army Act, 1952 and this appeal is not maintainable. He also submitted that disciplinary proceedings against the appellant were initiated under the Pakistan Army Act and the appellant was produced before the Commanding Officer, ASF on report and was awarded the punishment of reduction to the rank of ASI by the competent authority and there is no illegality. He has placed on record copies of report and punishment order passed against the-appellant.
4. The main question in this appeal is legal one. The respondent-department has relied on Act No, XVI of 1994, dated 7-8-1994 called the Airport Security Force (Amendment) Act, 1994 whereby a new subsection has been inserted in section 7-A after subsection (3) of the Airport Security Force Act, 1975 and it reads as under: "(4) Notwithstanding anything contained in any other law for the time being in force, except the authorities specified in subsections (1) and (2) of section 7-F, no other authority, Tribunal or Court shall have jurisdiction to vary, modify, alter, annul, set aside, revise or review any order passed by any officer of the Force, authorised under the Pakistan Army Act, 1952 (XXXIX of 1952)."
The said provisions of Act were analogous to the provisions of Ordinance No,XXXV of 1984 whereunder a new Chapter IV was inserted in the Airports Security Force Act, 1975 and relevant section reads as under: "7-A. Officers and members to be subject to the Pakistan Army Act, 1952.-- (1) Every officer and member of the Force shall, unless he is already so subject, be subject to the Pakistan Army Act, 1952 (XXXIX of 1952), hereafter in this Chapter referred to as the Act.
(2) The Force Commander shall, in respect of all officers and members of the Force, have all the powers conferred by or under the Act on an officer empowered to convene a general Court Martial.
(3) Subject to subsection (2), the Federal Government, may, by general or special order, direct by what authority any jurisdiction, powers or duties incidental to the operation of the provisions of the Act shall be exercised or performed in respect of the Force."
' Section 7-A of the Airport Security Force Act, 1975 was further amended and by Ordinance No, XLIV of 1993, dated 27th November, 1993, a new subsection (4) was inserted, which reads as under: "(4) Notwithstanding anything contained in any other law for the time being in force, except the authorities specified in subsections (1) and (2) of section 7-F, no other authority, Tribunal or Court shall have jurisdiction to vary, modify, alter, annual, set aside, revise or review any order passed by any officer of the Force, Authorised under the Pakistan Army Act, 1952 (XXXIX of 1952)."
' This Ordinance was passed by the National Assembly and the Senate and finally the President had been pleased to assent the said Ordinance on 3rd August, 1994, and Act No, XVI of 1994 was published in the Gazette of Pakistan, Extraordinary, dated 7th August, 1994.
5. It may be mentioned here that the appeals by the aggrieved employees of ASF were filed before this Tribunal and were dismissed on the point of jurisdiction. They challenged the judgment of the Tribunal in the Supreme Court and the Supreme Court in the case reported in 1993 SCM R 1 (Fasihuddin v. Khawar Latif Butt) after considering the above-mentioned provisions of ASF Act, set aside the judgment of the Tribunal and remanded the case for decision on merits. The concluding paragraph of the judgment is reproduced hereunder: "17. It is worth noting that after amendment in section 11 of the Airports Security Force Act omitting clauses (c) and (d) providing for punishment in departmental proceedings, Airports Security Force (Discipline) Rules, 1977 have become redundant and in their place some other disciplinary rules have to be framed as contemplated and directed under section 7-A(3) of Airports Security Force (Amendment) Ordinance, 1984 and until that is done, there is no other way except applying Government Servants (Efficiency and Discipline) Rules, 1973 to the officers and members of Airports Security Force for the reason that their status as civil. Servants is not altered and remains same in spite of amendments in the said Act brought about by the amending Ordinance of 1984 mentioned above subjecting them to Pakistan Army Act in disciplinary matters."
' The result was that appeals were held to be competent before the Tribunal and this Tribunal admitted the appeals in the light of the Supreme Court judgment and decided the cases by remanding the appeals to the competent authority on the consideration that action against the employees of ASF is to be taken under the E&D Rules and not under the Pakistan Army Act. It has been argued by the representative of the department that in view of latest legal position in case action is taken under the E&D Rules, the appeal is only competent before the Tribunal and this position stands clarified by the judgment of the Supreme Court, referred to above. However, from the provisions of Act No, XVI of 1994, dated 7-8-1994 it appears that action taken against an employee of the ASF under the provisions of Pakistan Army Act by any officer of the Force, is immune from scrutiny by any other authority, Tribunal or Court. In the instant case, action against the appellant has been taken under section 55 of the Pakistan Army Act, relating to 'neglect to the prejudice of good order and military discipline,' the appellant was charged as under: "in that he, at QIAP Karachi, on 1st April, 1994 while on duty from A 1500 hours to 2000 hours, at International departure hold baggage, at about 1730 hours allowed a passenger named Abdul Salam outside the concourse hall to deliver a bottle of oil, recovered from his shopping bag during screening, to his relative, when checked by the Senior Command failed to recheck the shopping bag of the said passenger."
' This Act of misconduct was observed by the Force Commander himself at the time of incident and has been admitted by the appellant by saying that he takes full responsibility of negligence and carelessness of his under command. The appellant was tried and produced before the Commanding Officer and found guilty of the charge. Consequently, the Chief Security Officer ASF passed the order, dated 2nd April, 1994 and reduced the appellant to the rank of ASI, and as such cannot escape the punishment. Since action against the appellant has been taken under Pakistan Army Act, therefore, under the provisions of Act No, XVI of 1994, published on 7-8-1994, this appeal is not maintainable on the point of jurisdiction and is accordingly dismissed.
6. Before parting with this judgment, it may be observed that according to the impugned order, dated 2nd April, 1994, the appellant has been reduced in rank as ASI but time limit has not been specified and there is clear violation of Fundamental Rule 29, because such an order cannot be made to suffer for the whole life. We, therefore, expect that the competent authority will take notice of this clear cut violation of Fundamental Rule and the principle of natural justice and specify the time limit of reduction of lower rank of ASI. 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.