Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973-- ---RrA, 5 & 6--Prevention of Corruption Act (II of 1947), S.5(2)--Martial Law Order [C.M.LA.'s] No.77----Pakistan Army Ad (XXXQX of 1952), S.143--Civil servants convicted by Summary Military Court on charges of corruption/malpractices--Civil servants after their conviction were proceeded against under Efficiency and Discipline Rules, 1973 and removed from service-­Such civil servants were subsequently pardoned by the Zonal Martial Law Administrator and directed to be reinstated in service--Order of reinstatement in service not implemented--Effect--Civil servants were not removed from service by and under their order of conviction by Summary Military Court, rather they were proceeded against and dismissed under Efficiency and Discipline Rules, 1973 in consequence thereof--Order of reinstatement by Martial Law Administrator was thus clearly beyond his jurisdiction under S.143 of Pakistan Army Act, 1952-­Unless legal intention in the form of Martial Law Regulation or Martial Law Order was clearly expressed, or the instruction was a consequence of some legal document, no advantage could be taken of a simple instruction issued by C.M.LA.'s Secretariat for the reinstatement of civil servant. (b) Constitution of Pakistan (1973)-- ---Art. 199--Constitutional jurisdiction, exercise off--Remedy of reinstatement in service--Most efficacious remedy would be before the Government and then before the Service Tribunal--Such remedy being available to petitioners grant of relief in the exercise of Constitutional jurisdiction would not be appropriate. JUDGMENT Tehsin Miran Gilani and Sultan Haider petitioners have moved for the issuance of a .writ of mandamus under Article 199 of the Constitution of Pakistan directing the Chairman, Central Board of Revenue, Government of Pakistan, the respondent for reinstating them in service, in view of the orders issued by the Martial Law Administrator and instructions by the Chief Martial Law Administrator, in the following circumstances:- The petitioners alongwith other Customs Inspectors, on a raid conducted at Islamabad Airport on the night intervening 6/7th January, 1981…

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