Law:

Section:

(a) Civil Servants Act (LXI of 1973)----- --S. 12-A read with Service Tribunals Act (LXX of 1973), S. 4­Jurisdiction of Service Tribunal - Removal of civil servant under S. 12-A of Civil Servants Act, 1973-Relates to terms and conditions of service-Appeal against such removal - Within jurisdiction of Service Tribunal. (b) Civil Servants Act (LXXI of 1973)- --S. 12-A-Administration of Northern Area-A peculiar entity­-Though amenable to authority and control of President of Pakistan yet does not function as a Government Department-Civil service in Northern Area staffed and regulated under-arrangements not legally enforceable at instance of employees Government servants appointed under such arrangements not entitled to any guarantees and safeguards under Constitution or any statute or rules having force of law-Can hold office during pleasure of President­-Person appointed as District and Sessions Judge, Gilgit during period 1-I-1972 to 5-7-1977 - Could be removed by President in public interest without any show-cause notice -- Presence of such person in Northern Area reported to President to be undesirable-­Removal by President of such person, in circumstances, held, not open to exception-Such person further held, had no vested right to claim a reference to Public Service Commission and implementa­tion of removal order under S. 12-A of Civil Servants Act, 1973 without any reference to Public Service Commission, held, quite valid. Qazi Atiq-ur-Rehman for Appellant. Syed M. Shahudul Haq for Respondents. Date of hearing : 5th January, 1983. JUDGMENT MUHAMMAD IRSHAD KHAN (MEMBER).-The relevant background of the present appeal is that the appellant, then a practising lawyer at Peshawar, was appointed as a District and Sessions Judge, Gilgit, with effect from 26-2-1973, initially on ad hoc basis, vide Kashmir Affairs Division's Office Order dated 2-3-1973, which was subsequently superseded by another Office Order dated 12-9-1979 whereby the appellant's appoint­ment was made on regular basis with effect from the 26th February, 1973, and until further orders. Thereafter, as per Establishment Division's Notification dated 7-2-1978, he was transferred from Gilgit and posted…

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