Law:

Section:

(a) Airports Security Force Act (LXXVII of 1975)--S. 7 [as amended by Airports Security Force (Amendment) Ordinance (XXXV of 1984)]---Service Tribunals Act (LXX of 1973), S.4---Officers and members of Airports Security Force who were civilians and had been appointed through Federal Public Service Commission were to be treated as holding civil posts in connection with affairs of Federation even if they were serving in the Ministry of Defence and had been subjected to Pakistan Army Act, 1952 for the purposes of disciplinary proceedings only---Where such officer or member of the Force was aggrieved against an order in disciplinary proceedings, which were taken against him as departmental proceedings and was dismissed or removed from service, he could not be shut out from pursuing his remedy in the Federal Service Tribunal on the ground that he was no more a civil servant just because he had been subjected to Pakistan Army Act, 1952 in disciplinary matters only. (b) Airport Security Force Act (LXXVII of 1975)--- ----S. 11 [as amended by Airports Security Force (Amendment) Ordinance (XXXV of 1984))---Airports Security Force (Discipline) Rules, 1977---Held, after amendment in S. 11 of the Act by omitting its cls. (c) & (d) providing for punishment in departmental proceedings, Airports Security Force (Discipline) Rules, 1977 had become redundant. After amendment in section 11 of the Airports Security Force Act, 1975 omitting clauses (c) and (d) providing for punishment in departmental proceedings, Airports Security Force (Discipline) Rules, 1977 have become redundant and in their place some other disciplinary rules have to be framed as contemplated and directed under section 7-A(3) of Airports Security Force (Amendment) Ordinance, 1984 and until that is done, there is no other way except applying Government Servants (Efficiency and Discipline) Rules, 1973 to the officers and members of Airports Security Force for the reason that their status as civil servants is not altered and remains same in spite of amendments in the said Act brought about by the amending Ordinance of 1984 subjecting them to Pakistan Army Act in disciplinary matters. JUDGMENT SAJJAD ALI SHAH,…

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