Law:

Section:

Civil service Appeal, competency ofEmployer, National Police Academy, had been constituted under Societies Act and it had its Board of Governors and their own Rules and it was not a statutory bodyEmployees of Academy, were not civil servants and could not invoke jurisdiction of Service TribunalAppeal filed by such employees against their removal from service before Service Tribunal was dismissed being not competent. Mrs. M.N. Arshad v. Miss Naeema Khan PLD 1990 SC 612; Fazal Subhan v. Prime Minister of Pakistan and others 1992 PLC (C.S.) 887 and Ali Ahmad v. Secretary, Ministries, Islamabad and 2 others 1989 PLC (C.S) 476 ref. ' JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN): Both the appellants M/s. Jamshaid Akhtar and Gulfam Hussain Shah were working as drivers in the National Police Academy, Islamabad. The disciplinary proceedings were started against them and according to the statement of allegations, they refused to receive the overtime allowance duly sanctioned by the competent authority. They submitted their explanations that their bill of overtime was not in accordance with the rules. They also stated that they should be given proper dues. Their explanation was not accepted. Final show cause notice was served on them and finally they were removed from service by separate orders dated 9121992. They filed departmental appeals separately which remained unresponded. Hence these appeals filed before the Tribunal, on 1631993 and 841993 respectively. 2. In both the appeals common facts are involved, and therefore, we propose to dispose of both the appeals by this single judgment. 3. We have heard the learned counsel appearing for the appellants. It is argued that the appellants have wrongly been removed from service because they wanted their legal dues which were not paid to them. Therefore, the order of removal be set aside. 4. The respondents have resisted the appeals and raised preliminary objection that the appellants are not civil servants as this Academy has been constituted under the Societies Act; it has its Board of Governors and their own rules and it is not a statutory body. To this, the learned counsel for the appellants submitted that all the members…

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