Law:

Section:

(a) Constitution of Pakistan (1972)- --- Arts. 221 & 240-Employees of Election Commission-Not governed by law made under Art. 240 1. e. Civil Servants Act, 1973 and not civil servants hence not within jurisdiction of Service Tribunal-Civil Servants Act (LXXI of 1973), S. 2 and Service Tribunals Act (LXX of 1973), S. 4. (b) Election Commission (Officers and Servants) Rules- -- R. 4 (2) read with Government Servants (Efficiency & Discipline) Rules, 1973-Government Servants (Efficiency and Discipline) Rules, 1973-Applicable impliedly to officers and servants of Election Commission. M. S. Siddiqui and Syed Muhammad Shahudul Huque for Respondent. Date of hearing : 13th January, 1979. ORDER SHAH ABDUR RASHID (CHAIRMAN).-Mohammad Ashfaq Mallal, was serving as Election Officer in the Election Commission of Pakistan when he was charge-sheeted and then after enquiry removed from service by order dated 12th March, 1976, of the Chief Election Commissioner purporting to have been made under rule 3 of the Govern­ment Servants (Efficiency and Discipline) Rules, 1973. The charge against the appellant was that he made bogus T. A. claim for staying in the hotel whereas in fact he never stayed in the Hotel and the receipt for the amount produced by him was not genuine. His appeal against the order of removal from service was also dismissed and the decision was commu­nicated to him on 12th March, 1976. Against this order Mohammad Ashfaq Mallal has come up in appeal before us tinder section 4 of the Service Tribunals Act, 1973. 2. The learned counsel for the respondent Chief Election commis­sioner has raised a preliminary objection with regard to the jurisdiction of this Tribunal to entertain the appeal on the ground that the terms and conditions of the appellant are not governed by the Civil Servants Act, 1973, and therefore the Tribunal which has been set up under the Service Tribunals Act, 1973, cannot adjudicate in respect of the emplo­yees of the Election Commission. 3. We have heard the learned counsel for the appellant as also the learned counsel for the respondent on the point of jurisdiction. A few decisions were cited at the bar by the learned counsel for the…

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