Law:

Section:

Airport Security Force Act (LXXVII of 1975)--------S.7-A(1)(4)----Pakistan Army Act (XXXIX of 1952), Ss.2 & 5--­Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan (1973), Art. 212(3)---Employee of Airport Security Force---Compulsory retirement from service---Appeal to Service Tribunal by such employee was dismissed for want of jurisdiction---Validity---Service Tribunal had ceased to have jurisdiction in disciplinary matters of such employees after insertion of S.7-A(4) in the Airport Security Force Act, 1975---No appeal would be entertainable before Service Tribunal in respect of orders like one challenged in appeal passed by an- officer of Airport Security Force authorized under Pakistan Army Act, 1952--­Service Tribunal had rightly dismissed appeal for want of jurisdiction--­Supreme Court dismissed petition and refused leave to appeal. Gul Muhammad v. The Force Commander 1999 SCMR 2935; Wali Ahmed Khan v. Karachi Development Authority 2000 PLC (C.S.) 806 and Force Commander, A.S.F. v. Muhammad Rashid 1996 SCMR 1614 fol. Mian Mahmood Hussain, Advocate Supreme Court and Faiz-ur­Rehman, Advocate-on-Record (absent) for petitioner. Nemo for Respondents. Date of hearing: 3rd June, 2003. ORDER JAVED IQBAL, J---This petition for leave to appeal is directed against the judgment dated 9-2-2001 passed by the Federal Service Tribunal whereby the order dated 31-8-1998 retiring the petitioner from service has been kept intact. 2. Precisely stated the facts of the case are that the petitioner while performing as Inspector at the Airport Security Force, Multan, was compulsory retired from service on 31-8-1998 without observing the formalities as envisaged under the Government Servants (Efficiency and Discipline) Rules, 1973. Being aggrieved a departmental appeal was preferred on 2-9-1998 which could not be decided within the statutory period of 90 days the petitioner approached learned Service Tribunal by means of appeal dated 9-1-1999 which was dismissed due to want of jurisdiction vide judgment impugned. 3. Mian Mahmood Hussain, Advocate Supreme Court appeared on behalf of petitioner and urged strenuously that the Service Tribunal has failed to decide…

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