| Citation(s) |
|---|
| 1995 SLG 1516 1995 SLD 1516 1995 PLC 919 |
Federal Service Tribunal, Islamabad
Appeal No. 329(P) of 1994, decided on 28th March, 1995.
ABDUL RAZZAQ A. THAHIM, CHAIRMAN AND MUHAMMAD ISMAIL, MEMBER
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Appeal No. 329(P) of 1994, decided on 28th March, 1995.
ABDUL RAZZAQ A. THAHIM, CHAIRMAN AND MUHAMMAD ISMAIL, MEMBER
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MUHAMMAD ROSHAN KHAN
VS
COMMANDANT FRONTIER CORPS BATTLE SCHOOL, MIRALI and 2 others
Law:
Section:
(a) Service Tribunals Act (LXX of 1973)--- ----S. 4---Frontier Corps Ordinance (XXVI of 1959), Ss. 5 & 6---Appeal--Maintainability---Appellant who was "Havildar" and was working as Education Instructor under Commandant, Frontier Corps Battle School, was imposed penalty of reduction in rank; dismissal from service and to undergo one year's R.I., in civil jail on allegation of receiving illegal gratification---Appellant after dismissal of his departmental appeal filed appeal before Tribunal against his penalty, but his appeal was resisted on ground that appellant being a Defence Personnel, Service Tribunal had no jurisdiction to hear his appeal---Frontier Corps wherein appellant was employed, was established under Frontier Corps Ordinance, 1959 and consisted of Deputy Inspector-General (D.I.G.) and Inspector-General (I.G.)---Under S. 5 of the said Ordinance, I.G., D.I.G. and the Commandants or other officers of Frontier Corps or other officers of any unit thereof, were appointed by Central Government under S. 6 of the Ordinance and appointment of all subordinate officers and other members of corps, was made by I.G. or the Commandant under prescribed manner and conditions---As Central Government, could appoint any person from any service as I.G. and its subordinate officers were appointed by I.G. or Commandant, such subordinate officers appointed by I.G. or Commandant, would not be governed under Pakistan Army Act and as such would not be considered persons from Army, but being employees of Frontier Corps, working in connection with affairs of Federation, were civil servants--Appellant, in circumstances, was civil servant and his appeal filed before Service Tribunal was maintainable. (b) Frontier Corps Ordinance (XXVI of 1959)--- ----Ss. 9, 10 & 11---Penalty---Imposition of---Civil servant who was working as Education Instructor, was charged alongwith co-accused for taking illegal gratification from candidates while conducting examination and after holding enquiry against him in which he was found guilty, was imposed penalty of reduction in rank; to be dismissed from service and to undergo one year R.I. in civil jail---Civil servant who admitted…
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