| Citation(s) |
|---|
| 1981 SLG 3106 = 1981 SLD 3106 = 1981 SCMR 141 |
Supreme Court of Pakistan
Civil Petitions for Special Leave to Appeal Nos. 51-R to 54-R of 1980, decided on 4th May, 1980. (On appeal from the judgment and order of the High Court of Balu chistan, Quetta dated 28-4-1980 in Petitions Nos. 256/78 and 159/79 dated 29-4-1980 in Review Petitions Nos. 2 and 3 of 1980).
Presented By: Muhammad Haleem and Muhammad Afzal Zullah, JJ
Riaz Hashmi, Senior Advocate for Petitioners. Nemo for
Respondents.
Civil Petitions for Special Leave to Appeal Nos. 51-R to 54-R of 1980, decided on 4th May, 1980. (On appeal from the judgment and order of the High Court of Balu chistan, Quetta dated 28-4-1980 in Petitions Nos. 256/78 and 159/79 dated 29-4-1980 in Review Petitions Nos. 2 and 3 of 1980).
Presented By: Muhammad Haleem and Muhammad Afzal Zullah, JJ
Riaz Hashmi, Senior Advocate for Petitioners. Nemo for
Respondents.
ALI HADI ADNEY AND ANOTHER-Petitioners
VERSUS
MARTIAL LAW ADMINISTRATOR, ZONE `D' AND OTHERS-Respondents
Law:
Section:
(a) Martial Law Order, 1971 C. M. L. A.'s] No. 17, para. 9(3) [as r-constituted by Martial Law Order, 1979 [C. M. L. A.'s] No. 711- & para. 10-Contention that unless dismissal of petitioners held valid petitioners could not be tried for an offence by a Summary Military Court-Held : Apart from provision of para. 9(3) petitioners being liable to be tried under ordinary Laws of Pakistan no exception could be taken to prosecution of petitioners for offences committed while in service-Even otherwise para. 10 of Order makes petitioners liable for trial independently.-[Civil services Criminal trial] (b) Martial Law Order, 19771C. M. L. A s] No. 17, para. 9(3) [as reconstituted]-Dismissal from service- Contention that High Court having concluded as to Board of Enquiry having not been competent to enquire into allegations against peti tioners and proceedings before such Board having been oppressive and illegal High Court erred in upholding petitioner's dismissal-Conten tion, held, appears to have substance in view of findings reached by High Court-Leave to appeal granted to consider legality of dismissals as upheld by High Court-Constitution of Pakistan (1973), Art. 185(3).-[Civil services-Leave to appeal]. Date of hearing : 4th May, 1980. ORDER MUHAMMAD HALEEM, J. This order will govern Civil Petitions Nos. 51-R to 54-R of 1980. The first two are directed against the order of the High Court of Baluchistan, Quetta, dated 28th of April, 1980, and the other two against the order of the same High Court dated 29th of April, 1980. The petitioner in Civil Petition 51-R of 1980 held the office of an Executive Engineer while the petitioner in Civil Petition No. 52-R of 1980 was posted as Divisional Accountant in the Gwadur Coastal Irrigation…