Law:

Section:

(a) Defence Intelligence Service (Civilian Class I) Rules, 1962---R. 17(2) --- Civil Servants Act (LXXI of 1973), S. 25 --- Interim Constitution of Pakistan (1972), Art. 220 --- Constitution of Pakistan (1973), Art.212(3) --- Leave to appeal was granted to examine questions of public importance viz. whether the order communicating the termination of service of civil servant as Intelligence Officer with immediate effect foreclosed any further inquiry into the manner, the authority and the full satisfaction of the jurisdictional requirements for the action taken though it appeared ex facie from the record made available to the Federal Service Tribunal hearing the appeal and whether R.17(2) of the Rules was ultra vires' Art .220 of the Interim Constitution of Pakistan (1972) and was consequently neither saved nor continued under S. 25 of the Civil Servants Act, 1973 nor was it available for taking action against the civil servant. (b) Civil Servants Act (LXXI of 1973)--- Link 1 S. 11--- Temporary appointment --- Termination of service --- Appointment of Civil servant being temporary, Constitutional protection against the termination of employment was not available earlier to the enactment of the Civil Servants Act, 1973 and the Rules of Service applicable to him as a temporary servant being continued under the Civil Servants Act, 1973, civil servant could not take exception to the order of termination of his service because' it happened to be in ,accordance with the Rules applicable to him and Authority competent under the Rules had taken action and it was protected. JUDGMENT SHAFIUR RAHMAN, J .---Leave to appeal was granted under Article 212(3) of the Constitution to examine the following questions of law of public importance arising in the case:-- "(1) Whether the order dated 18-12-1980 communicating the termination of the service of the respondent as Intelligence Officer with immediate effect foreclosed any further inquiry into the manner, the authority and the full satisfaction of -the jurisdictional requirements for the action taken though it appeared ex facie from the record made available to the Federal Service Tribunal hearing the appeal? (2) Whether Rule…

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