Law: Pakistan Air Force Act, 1953

Section: 38(1),65

Pakistan Air Force Act (VI of 1953)--- ----Ss. 38(1) & 65---Constitution of Pakistan, Art. 199---Constitutional petition---Desertion and aiding desertion, violation of good order and Air Force discipline---Petitioner was employee in Pakistan Air Force and was charged in a criminal case, but acquitted by the Trial Court---After acquittal, he surrendered himself to the Air Force Authorities but was charge sheeted by the Commanding Authorities under Ss. 38(1) & 65 of Air Force Act, 1953 for deserting the service and acting in a manner prejudicial to good order and Air Force discipline---Petitioner was again tried by the District Court Martial and was punished with rigorous imprisonment with dismissal from service---Petitioner had approached the court of appeal, which partially accepted the appeal and reduced the sentence of imprisonment, whereas punishment of dismissal from service was maintained---Petitioner had admitted the fact of desertion in his petition that the said desertion was neither intentional nor deliberate but due to the circumstances beyond his control---Scope---Record showed that the petitioner remained deserter for seven years and three months and was, therefore, tried by the District Court Martial under Ss. 38(1) & 65 of Pakistan Air Force Act, 1953---Petitioner had already undergone the punishment of imprisonment, but sought his re-instatement into service along with back benefits in terms of paras. 4 & 5 of the circular dated 13.12.1992---Said circular was issued on the subject of discharge from service/re-instatement/retention in service of personnel involved in criminal cases tried by Civil Court and had no relevancy to trial and conviction of the petitioner by the District Court Martial---Petitioner was not subjected to trial again on the same criminal charges, but tried for deserting the service, which was outside the ambit of circular dated 13.12.1992---Jurisdiction of High Court in the present matter was barred under the barring clause of Art. 199(3) of the Constitution for the reason that not only present Constitutional petition had been filed by a member of the Armed Forces, but the petition was also in respect of terms…

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