| Citation(s) |
|---|
| 2026 SLG 1756 2026 SLD 1756 = 2026 SCP 146 = 2026 SCMR 1717 |
Supreme Court of Pakistan
C.P.L.As.1048, 1091, 321, 322, 323 and 324 of 2025 (Against judgments dated 16.01.2025, 09.12.2024, 29.10.2024 passed by the Federal Service Tribunal, Islamabad in Appeals No.673(R)CS, 446(P)CS, 1399(R)CS, 1227(R)CS, 1228(R)CS of 2021 and 743(R)CS of 2022, respectively.) And C.M.A.914/2025 In C.P.L.A.1048/2025 (Stay)
Presented By: MR. JUSTICE MUNIB AKHTAR MR. JUSTICE IRFAN SAADAT KHAN
Mr. Abdul Rahim Bhatti, ASC Mr. Khalid Mehmood, ASC (in C.P.L.As.1048 and 321/2025) Mr. Attaullah Hakim Kundi, ASC (in C.P.L.A.1091/2025) Syed Khawar Amir Bukhari, ASC (in C.P.L.As.322, 323 and 324/2025)
C.P.L.As.1048, 1091, 321, 322, 323 and 324 of 2025 (Against judgments dated 16.01.2025, 09.12.2024, 29.10.2024 passed by the Federal Service Tribunal, Islamabad in Appeals No.673(R)CS, 446(P)CS, 1399(R)CS, 1227(R)CS, 1228(R)CS of 2021 and 743(R)CS of 2022, respectively.) And C.M.A.914/2025 In C.P.L.A.1048/2025 (Stay)
Presented By: MR. JUSTICE MUNIB AKHTAR MR. JUSTICE IRFAN SAADAT KHAN
Mr. Abdul Rahim Bhatti, ASC Mr. Khalid Mehmood, ASC (in C.P.L.As.1048 and 321/2025) Mr. Attaullah Hakim Kundi, ASC (in C.P.L.A.1091/2025) Syed Khawar Amir Bukhari, ASC (in C.P.L.As.322, 323 and 324/2025)
Director General Federal Investigation Agency (FIA), FIA HQ, Islamabad � Petitioner / Applicant
VS
Tahir Amin and others : C.P.L.A.1048/2025 Tahir Amin and others : C.M.A.914/2025 Hammad Ahmad and another : C.P.L.A.1091/2025 Shahroom Khan and others : C.P.L.A.321/2025 Kainat Mumtaz and another : C.P.L.A.322/2025 Rimsha Mumtaz and another : C.P.L.A.323/2025 Mehwish Mumtaz and another : C.P.L.A.324/2025 � Respondents
Law: Federal Investigation Agency Act, (VIII of 1974)
Section: 3(2),9
Law: Government Servants (Efficiency and Discipline) Rules, 1973
Section:
Law: Civil Servants Act, 1973
Section: 25
Law: Civil Servants (Efficiency & Discipline) Rules, 2020
Section:
Law: General Clauses Act, 1897
Section: 8(1),6,6A, 7
Service/ Whether s.8 of General Clauses Act applies to Rules made under FIA Act, 1974. Summary The Supreme Court refused leave in appeals by the Federal Investigation Agency (FIA), holding that disciplinary proceedings against FIA members under the Civil Servants (Efficiency and Discipline) Rules, 2020 (2020 Rules) were unlawful because the FIA is governed by its own 1978 Efficiency & Discipline Rules (1978 Rules), which adopt the 1973 Rules as modified; section 8 of the General Clauses Act, 1897 (s.8) does not operate to substitute the 2020 Rules into the 1978 Rules, since s.8 only preserves continuity of a specific provision that is repealed and re-enacted and cannot be used to efface or replace the whole instrument (the 1978 Rules) adopted under a distinct statutory power. Core points Facts: FIA created by Federal Investigation Agency Act, 1974; Federal Government in 1978 made Members of the Federal Investigation Agency (Efficiency and Discipline) Rules, 1978 (1978 Rules) under s.9, which adopt the Civil Servants (Efficiency and Discipline) Rules, 1973 (1973 Rules) with specified modifications. Change: In 2020 the 1973 Rules were repealed and re-enacted as the Civil Servants (Efficiency and Discipline) Rules, 2020 (2020 Rules) under the Civil Servants Act/related powers. Action: Disciplinary proceedings against FIA members were taken using the 2020 Rules. Tribunal decision: The Service Tribunal held the 2020 Rules did not apply to FIA members and set aside the disciplinary action. Government’s argument: s.8 of the General Clauses Act, 1897 meant references to the 1973 Rules in the 1978 Rules should be read as references to the 2020 Rules (repeal and re-enactment continuity). Supreme Court holding: s.8 did not apply. Section 8 only preserves continuity where a particular provision is repealed and re-enacted; it cannot be used to replace or erase the 1978 Rules (an instrument adopted under a separate statutory power) by importing the 2020 Rules in toto. Key reasoning: The 1978 Rules are a distinct exercise of statutory power under the 1974 Act; adopting and modifying the 1973 Rules in 1978 created a separate, subsisting instrument; applying s.8…