Law: Pakistan Army Act, 1952

Section: 16

Law: Pakistan Air Force Act, 1953

Section: 13

Pakistan Army Act (XXXIX of 1952), S. 16---Air Force Act (XIV of 1932), S.13-Central Government's power of dismissal-Whether limited-Questions relating to dismissal from Service of State-In absence of specific statutory provision whether justiciable. Certain officers of the Army and the Air Force were dismissed, the former under section 16, Army Act and the latter under section 13, Air Force Act, without any trial by Court Martial. On writ petitions being filed by the dismissed officers urging that their dismissal was bad in law as no Court Martial trial had been held and that in any case the dismissal offended the principles of natural justice: Held, there were no indications either in the Army Act, (section 16) or the Air Force Act, (section 13) that the power of dismissal or removal given to the Central Government, was subject to any limitations, procedural or otherwise. Held further that, under the British system of jurispru­dence, adopted in this country, it is a fundamental incident of the service of the Crown that such service is terminable at the pleasure of the Crown. The services of a State servant, therefore, can be dispensed with by the State at any time without assigning any reason. The policy of law in respect of defence services is that questions relating to dismissal of persons from such services should not be justiciable. Hence questions such as those raised in the petitions, in the absence of statutory provision, could not be agitated in the Civil Courts. Mitchell v. The Queen 1 Q B 121 and Union of India v. Ram Chand Beli Ram A I R 1955 Ph. 166, ref. JUDGMENT RAHMAN, C. J.--This order concerns four writ petitions, presented by two officers of the Pakistan Army and two of the Air Force. Common questions of law, based on substantially similar provisions in the Pakistan Army Act, 1952 and the Air Force Act 1932, (hereinafter referred to as Army Act and the Air Force Act respectively) arise in these cases and it would, therefore, be convenient to dispose them of together. The cases were first put up for hearing before a Division Bench, but in view of the importance of the questions involved, they have been referred to a Full Bench for decision.…

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