Law: Constitution of Pakistan, 1973

Section: 199,199(3)

Law: Pakistan Air Force Act, 1953

Section: 38(1),65

Constitution of Pakistan, 1973-- ----Arts. 199 & 199(3)--Constitutional Petition--Pakistan AIR Force Act, 1953, S. 38(1) & 65--Petitioner was serving in P.A.F.--Lodging of FIR--Acquittal--Surrendered to P.A.F. Authorities--Absent without leave for about 7 years and 3 months--Court Martial proceedings--Rigarous imprisonment--Dismissal from service--Remittance of punishment--Appeal--Partially accepted--Reducing of punishment--Circular--Dismissal from service was maintained--Jurisdiction--Challenge to--Circular in question has no relevancy to trial and conviction of the petitioner by the District Court Martial; whereby the petitioner was not subjected to trial "again" on the same criminal charges, but tried for deserting the service; which not only was outside the ambit of circular dated 13.12.1992; but jurisdiction of this Court in the matter also barred under the barring clause of Article 199(3) of the Constitution of the Islamic Republic of Pakistan, 1973, for the obvious reason that not only the writ petition was filed by a member of the Armed Forces of Pakistan (PAF), but the petition was also in respect of his terms and conditions of service, and also in respect of action taken in relation to him as a member of the Armed Forces of Pakistan--Petition was dismissed. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE- Sadaqatullah, petitioner, was Admin. Assistant in Pakistan Air Force since 19.02.1999, He was charged in a criminal case under Sections 302/324/34, PPC vide FIR No. 447 dated 13.07.2009 in Police Station Badaber, Peshawar, while performing his duties at PAF camp Badaber, Peshawar. He and other co-accused in the case were tried for the offences, he and other co-accused were charged with, in the Court of Additional Sessions Judge, Peshawar; and, eventually, acquitted by the learned trial Court vide judgment dated 26.05.2016. According to the petitioner, after his acquittal, he surrendered himself to the Air Force Authorities on 03.10.2016, but was charge sheeted on 05.10.2016 by the Officer Commanding Administrative Wing, Pakistan Air Force Base, Peshawar, under Section 38(1) and Section 65 of the Pakistan Air Force Act, 1953, for…

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