| Citation(s) |
|---|
| 1998 SLG 1448 1998 SLD 1448 1998 PLC 720 |
Supreme Court of Pakistan
Civil Appeal No. 1197 of 1997, decision dated: 13-03-1998. (On appeal against the judgment dated 2-6-1996 of the Federal Service Tribunal, Camp Lahore in Appeal No. 59(L) of 1996).
AJMAL MIAN, C.J., SH. RIAZ AHMAD AND CH. MUHAMMAD ARIF, JJ
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Civil Appeal No. 1197 of 1997, decision dated: 13-03-1998. (On appeal against the judgment dated 2-6-1996 of the Federal Service Tribunal, Camp Lahore in Appeal No. 59(L) of 1996).
AJMAL MIAN, C.J., SH. RIAZ AHMAD AND CH. MUHAMMAD ARIF, JJ
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FEDERATION OF PAKISTAN through Secretary, Ministry of Interior (Interior Division), Islamabad and 2 others
VS
RO-177 ex-DSR MUHAMMMAD NAZIR
Law:
Section:
(a) Government Servants (Efficiency and Discipline) Rules, 1973-------R. 1(2)---Constitution of Pakistan (1973), Art. 212(3)---Pakistan Rangers (Efficiency, Discipline and Appeal) Rules, 1967, R. 4---Service Tribunals -[Act (LXX of 1973), S. 4---Civil Servants Act (LXXI of 1973), S, 2(b)--Leave to appeal was granted to consider as to whether Government Servants (Efficiency and Discipline) Rules, 1973 were applicable to the employees of the Pakistan Rangers. (b) West Pakistan Rangers Ordinance (IIV of 1959)--- ----Ss. 1 & 21(1) & (2)---Pakistan Rangers (Efficiency, Discipline and Appeal) Rules, 1967, R. 4---Civil Servants Act (LXXI of 1973), S 2--Service Tribunals Act (LXX of 1973), S. 4---Government Servants (Efficiency and Discipline) Rules, 1973, R. 4 ---Provisions of Pakistan Rangers (Efficiency, Discipline and Appeal) Rules, 1967 are all embracing and, thus, would prevail over Government Servants (Efficiency and Discipline) Rules, 1973---Employees of Pakistan Rangers will be deemed to be civil servants as they are performing duties in connection with affairs of the Federation---Appeal by a member of Pakistan Rangers regarding a matter relating to terms and conditions of his service is competent before Service Tribunal under S. 4, Service Tribunals Act, 1973---Cages of the employees of the Pakistan Rangers, however, would be governed by the Pakistan Rangers (Efficiency, Discipline and Appeal) Rules, 1967 and not by Government Servants (Efficiency and Discipline) Rules, 1973---Principles. No doubt by virtue of amendment in section 1 of the Pakistan Rangers Ordinance it has been laid down that the provisions of the Ordinance and the Rules made thereunder shall have effect notwithstanding anything contained in the Civil Servants Act, 1973 and the rules made thereunder. In the light of this amendment, it is obvious that in view of any conflict between the Civil Servants Act, 1973 and the Pakistan Rangers Ordinance, 1959, the provisions of the latter would prevail over the provisions of the former. If the Rules have been framed touching any subject under the Pakistan Rangers Ordinance, then the same would be applicable to the exclusion of other rules.…
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