Law:

Section:

(a) Civil Servants Act (LXXI of 1973)--- ,----S. 2(i)---Service Tribunals Act (LXX of 1973), S. 2-A---Proceedings against civil servant under wrong provision of law---Effect---Civil servant would not cease to be a civil servant and he would continue to be a civil servant for all purposes unless it had been established otherwise---Just because civil servant had been proceeded against under a wrong provision of law, would not affect his status as a civil servant. Registrar of Supreme Court v. Wali Muhammad 1997 SCMR 141 and Muhammad Abdul Olla v. Pakistan 1989 CLC 1146 distinguished. (b) Interpretation of statutes-- ----Applicability of statute by implication---Validity---Statute could not be applied to a particular class of persons merely by implication---Statute either would apply to a particular class of person or would not. Union Bank Ltd. v. Federation of Pakistan 1998 PTD (Trib.) 2116 and Shanti Prasad v. Bachchi Devi AIR 1948 Oudh 349 ref. (c) Service Tribunals Act (LXX of 1973)--- ----S. 4(i), proviso (b)---Service Tribunal, jurisdiction of---Officer on Special Duty (O. S. D.)---Nature---Post of O.S.D. is not post at all and is usually reserved for those officers who are not desirable for any number of reasons--­Such post denotes that the officer is not fit to be given any position of responsibility which concerns his fitness for occupying the same--­Jurisdiction of Service Tribunal under SA(i), proviso (b) of Service Tribunals Act, 1973, is not attracted and the matter is justiciable before the ordinary Courts of law including High Court. Muhammad Anis and others v. Abdul Haseeb and others PLD 1994 SC 539; Muhammad Raees (Azam) v. Government of Balochistan 1995 PLC (C.S.) 151; Afzal Muhammad Farooq v. Secretary, Establishment Division 1998 PLC (C.S.) 1175; Dr. Amanul Haq v. Government of Punjab 2000 PLC (C.S.) 123 and Ahmed Salman Waris v. Nadeem Akhtar PLD 1997 SC 382 and Dr. Moula Bux v. Government of Sindh 2000 PLC (C.S.) 905 ref. (d) Service Tribunals Act (LXX of 1973)--- ----S.4(i), proviso (b)---Constitution of Pakistan (1973), Art. 212---Officer on Special Duty (O.S.D.)---Jurisdiction of High Court---Civil servant was posted as O.…

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