Law: Constitution of Pakistan, 1973

Section: 199,199(3)

Law: Army Regulations Rules, 1998

Section: R.269-A

Law: Pakistan Army Act, 1952

Section: 16

Constitution of Pakistan--- ---Art. 199---Pakistan Army Act (XXXIX of 1952), S. 16---Army Regulations Rules, 1998, R. 269-A---Constitutional petition against Military authorities---Maintainability---Civil service---Petitioner, a Colonel of Pakistan Army---Allegations of tampering confidential service record---Dismissal from service---Dispensation from regular inquiry---Contention of petitioner was that no formal inquiry was conducted and impugned order was based on mala fide---Validity---Jurisdiction of High Court was not absolutely barred and it could examine any order of Military Authorities passed under Pakistan Army Act, 1952 on the grounds of mala fide, coram non judice and without jurisdiction---Military authorities might dispense with holding a formal inquiry or call for the officer's explanation if it was not expedient---Impugned order could not be declared to be based on mala fide and without jurisdiction due to the reason that formal inquiry was not conducted---When any provision of law prescribed a particular mode of action which had been duly adopted then no exception could be taken to the same---Military authorities had not deviated from any mandatory law and rules to render the impugned order as coram non judice and without jurisdiction---Petitioner had tampered his confidential service record on the basis of which he was considered for promotion---Nothing was on record to show that impugned order was based on mala fide, coram non judice or was passed without jurisdiction---High Court under constitutional jurisdiction could not reappraise the evidence produced before the competent forum or substitute the findings which were neither perverse nor result of lack of evidence---Power of judicial review against conviction and sentence awarded by the Military authorities was not equated with power of an appellate Court---Evidence produced could not be reassessed or analyzed in detail to substitute any reasonable and probable conclusion arrived at by the competent forum of Armed Forces---Constitutional petition was dismissed. Mushtaq Ahmed and others v. Secretary Ministry of Defence PLD 2007 SC 405 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD FARRUKH IRFAN…

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