Law:

Section:

(a) Martial Law Regulation 52 of 1981 [C. M. L. A.'s]- --Paras. 1 & 6-Service Tribunals Act (LXX of 1973), S. 4-Juris­diction of Service Tribunal-Ouster of jurisdiction-Not applicable to Service Tribunal having exclusive jurisdiction in regard to appeals relating to terms and conditions of service of a civil servant-Ouster of jurisdiction under para. I of M.L.R. 52 only protects the M.L.R. 52 as such but not an Order passed thereunder- Appeal before Service Tribunal, held, competent against order passed under M.L.R. 52. (b) Martial Law Regulation 52 of 1981 [C. M. L. A.'s]- ---Paras. 4, 5, 6 & 11, Service Tribunals Act [(LXX of 1973), S. 4­Powers of relevant authorities to take action under M. L. R. 52­Not arbitrary-Unfettered powers of competent authority to dispense with services of members of Airport Security Force does not deprive them of right of appeal under S. 4 of Service Tribunals Act, 1973. P L D 1978 Quetta 91 ref. (c) Service Tribunals Act (LXX of 1973)- ----S. 5 (2)-Tribunal empowered to compel production of documents-­Refusal to furnish information and documents-Act of miscon­duct-Service Tribunal after hearing arguments directing production of relevant specific documents-Departmental representative instead of complying with directions of Tribunal arrogating to himself right to decide whether such documents were required to be furnished to Tribunal or not-Tribunal taking adverse view and expressing hope that departmental authority competent to deal with an act of misconduct will take notice of such occurrence for appropriate action against those responsible therefor. (d) Provisional Constitution Order (P. O. 1 of 1981) - ---Arts. 15 (5) & (6), Martial Law Order No. 10, Martial Law Regulation 52 of 1981, para. 11- Provisional Constitution Order, 1981-Cannot he subjected to operation of an order passed under M. L. O. No. 10-Provisions of M. L. O. No. 10 relate to interpre­tation of a Martial Law Regulation or a Martial Law Order and not that of Provisional Constitution Order, 1981 being present day constitution of the country promulgated through a special category of Orders called "C.M.L.A. Order"-Jurisdiction of Service Tribunal on appeal against…

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