Law:

Section:

(a) Pakistan Army Act (XXXI of 1952)--- ---S.143--Constitution of Pakistan (1973), Art. 270-A(2)-Civil services--Conviction of civil servant by Military Court--Dismissal from service--Pardon and order for re-instatement in service by Martial Law Administrator--Effect--Free pardon by itself, held, would not operate to restore convicted person to public office a forfeited in consequence of conviction--Pardon could, however, remove disability for fresh grant of employment and restore to offender his eligibility to hold public office including the office forfeited by his conviction-­ Directive of Chief Martial Law Administrator in the Scheme of Martial Law had a binding force and being covered by Art.270-A(2) of the Constitution would be deemed to be, and always to have been validly made--Such directive could not be called in question in any Court on any grounds--Such directive entitled pardoned civil servant to be re-instated in public office. P L D 1977 S C 212 rel. (b) Civil Servants Act (LXXI of 1973)-- ---Preamble---Service Tribunals Act (LXX of 1973), S.4--Order of re-instatement - of civil servant passed by Chief Martial Law Administrator in his capacity as President--Effect--Where order for re-instatement in service was passed by Chief Martial Law Administrator as President, who being the competent authority in respect of civil servants, his said order, held, had binding force and could not be ignored--Order of respondent refusing re-instatement in service passed in disregard of competent Authority's order was set aside, and civil servant was ordered to be re-instated in service. JUDGMENT MUHAMMAD IRSHAD KHAN (MEMBER).--The relevant background giving rise to the present appeal, briefly speaking, is that the appellant while serving as Upper Division Clerk in the National Savings Organization, was dismissed from service consequent upon his conviction by a Military Court. On an appeal filed by the appellant, the Martial Law Administrator, Zone-A, in exercise of the powers conferred under section 143 of the Pakistan Army Act, remitted the balance of sentence vide his order dated 23-1-1985. After having been released in pursuance of the said order of the Martial…

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