MAJOR MUHAMMAD SULEMAN vs THE SECRETARY TO GOVERNMENT OF PAKISTAN AND Other
This petition arises from the release of a Major in the Pakistan Army, who challenged his discharge from service after being recalled from deputation with the East Pakistan Rifles. The petitioner sought a declaration that his release without an opportunity to show cause was illegal and void, arguing that his deputation removed him from Army discipline and that Pakistan Army Regulation No. 269 required a Court of Enquiry to investigate allegations against him. The Supreme Court dismissed the petition, affirming the lower courts' findings. The Court held that the petitioner remained subject to the Pakistan Army Act throughout his service, including his deputation, and that his tenure was held at the pleasure of the government. Furthermore, the Court determined that the cited Regulation was directory rather than a mandatory guarantee providing a basis for civil litigation. Consequently, the Court reaffirmed the principle that civil courts cannot intervene to grant redress to Armed Forces officers regarding their discharge from service, as they do not enjoy the same tenure protections as civil servants.
- Does an officer of the Armed Forces on deputation cease to be subject to the Pakistan Army Act?
- Is Pakistan Army Regulation No. 269 a mandatory provision that creates a cause of action for civil litigation?
- Can civil courts intervene to grant redress to an officer of the Armed Forces against discharge from service?
- Pakistan Army Regulation No. 269, Pakistan Army Act 1952
1. MUHAMMAD GUL, J.-The petitioner herein was granted temporary Commission in the Pakistan Army in 1940. In 1961 while he held the rank of a Major, he was seconded to the E. P. R: where he took over as Wing Commander. After serving in that Organization for some time; he was recalled because of certain allegations made against him. After his recall he was released from the Pakistan Army under the order of the Central Government on proportionate pension and gratuity. A writ petition to challenge his release from the Pakistan Army was dismissed in limine on 21-11-1969 on the short ground that no such petition by a member of Armed Forces was competent. He then instituted a civil suit for a declaration that his release from the Army without affording any opportunity to show cause was illegal and void. . The suit was dismissed on 23-2-1972. His appeal to the District Judge was dismissed ; so also his Regular Second Appeal in the High Court.
2. The Courts have taken the view that as Army officer, the petitioner did not enjoy any protection as to his tenure of service and therefore Civil Courts cannot grant him redress.
3. We have heard the petitioner's learned counsel at some length. He tried to make the following two points namely :-
(i) that during the period the petitioner remained on deputation with the E. P. R. He had ceased to remain under the Army discipline and therefore became entitled to the usual protection available to a civil servant ; and
(ii) that in any event, under the Pakistan Army Regulation No. 269 a Court of Enquiry ought to have been constituted to enquire into the charges against him affording him proper opportunity to defend himself.
4. The argument thus was that the petitioner could not have been summarily released from service for reason of his alleged misconduct while he remained on deputation with the E. P. R. However, no precedent was cited in support of that proposition. 1t is not denied that on his recall from E. P. R. He rejoined his Unit, which showed that he had never severed his connection with the Army and therefore had remained subject to the Pakistan Army Act. Similarly the Regulation upon proper interpretation is directory, and is not in the nature of a guaranty to furnish a basis for a legal action by means of a civil suit as in the case of a civil servant. Indeed, his tenure throughout remained one of unqualified "pleasure" and learned counsel for the petitioner was unable to cite any judicial precedent by which the Civil Courts have intervened to grant redress to an officer of the Armed Forces against his discharge from Service whether for reason of his misconduct or otherwise.
5. Accordingly the petition is dismissed.