DR. MUHAMMAD ELIAS DUBASH vs PUNJAB SERVICE TRIBUNAL AND Other
This matter arises from an appeal concerning the compulsory retirement of the appellant under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, following an inquiry. The core legal questions involve the interpretation of section 4 of the Service Tribunals Act, 1973, Martial Law Order No. 23, and the bar on jurisdiction under the Provisional Constitution Order of 1981 regarding orders passed by a Martial Law Administrator. The Supreme Court held that the appeal was not entertainable by the Court in view of clause (2) of Article 15 of the Provisional Constitution Order of 1981, which bars any challenge to an order passed by the Martial Law Administrator. The key principle laid down is that orders passed by the Martial Law Administrator are protected from judicial scrutiny under the constitutional provisions of the Provisional Constitution Order, rendering challenges to compulsory retirement orders through service tribunals unmaintainable.
- Whether an order passed by a Martial Law Administrator is assailable before a service tribunal?
- Does the Provisional Constitution Order of 1981 bar challenges to orders passed by the Martial Law Administrator?
- Is an appeal competent under section 4 of the Service Tribunals Act, 1973 against a review order rejected by the Martial Law Administrator?
- Section 4, Service Tribunals Act 1973
- Article 15(2), Provisional Constitution Order 1981
ORDER
1. MUHAMMAD HALEEM, ACTG. C. J.-Leave to appeal was granted to examine the interpretation of section 4 of the Service Tribunals Act, 1973, and Martial Law Order No. 23, clause (2). An inquiry was hold against the appellant under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, and he was compulsorily retired from service by order dated 30th of October 1976. The appellant challenged this order before the Punjab Service Tribunal through an appeal which he later withdrew under clause 3(2) of Martial Law Order No. 23 as be elected to prefer a review petition under that Order; and he did file such an application which was rejected by the Martial Law Administrator, Zone A, by order dated 16th of January, 1978. The appellant challenged this order before the Punjab Service Tribunal, Lahore. An objection was taken to its maintainability on the ground that such an order was not assailable as protection was given to it by Martial Law Order No. 10 and clause (4) of the Laws (Continuance in Force) Order, 1977. It was further urged that as the appellant had withdrawn his earlier appeal involving the same cause of action, he was precluded from reagitating it again before the Tribunal.
2. In reply, besides other submissions, it was urged that 'an appeal was competent under section 4 of the Service Tribunals Act, 1973, as the Martial Law Administrator, who being a competent authority, had passed the order in his capacity as a departmental authority and, therefore, the legality of the order of retirement was assailable in that forum. Under the present dispensation, namely, the Provisional Constitution Order of 1981, an challenge to an order passed by the Martial Law Administrator is not enter tainable in view of clause (2) of Article 15. Therefore, any submission in regard to the validity of the order of compulsory retirement is beyond the pale of challenge.
3. Accordingly, the appeal is disposed of as not being entertainable by this Court.
Cited by 3 cases
- ABDUL MUJEEB PIRZADA Versus FEDERATION OF I.R OF PAKISTAN 1990 PLD 9
- MALIK GHULAM MUSTAFA KHAR Versus PAKISTAN 1988 PLD 49
- MUHAMMAD ASHRAF vs SECRETARY TO GOVERNMENT OF PUNJAB, FOOD 1983 PLC (C. S.) 363