GOVERNMENT OF PAKISTAN THROUGH SECRETARY, ESTABLISHMENT DIVISION
The matter concerns a petition for leave to appeal filed by the Government of Pakistan against an order of the Federal Service Tribunal regarding the termination of the respondent's service as an Intelligence Officer. The Supreme Court granted leave to appeal under Article 212(3) of the Constitution of Pakistan 1973 to address significant questions of law. The core legal issues involve determining whether the termination order, which appeared valid on its face, precluded further judicial inquiry into the jurisdictional requirements and the authority behind the action. Additionally, the Court sought to examine the validity of Rule 17(2) of the Defence Intelligence Service (Civilian Class 1) Rules, 1962, specifically questioning whether it was ultra vires Article 220 of the Interim Constitution and, consequently, whether it remained a valid legal basis for the termination under the Civil Servants Act. Pending the final adjudication of these issues, the Supreme Court suspended the operation of the impugned order of the Service Tribunal and directed that the original record be produced for the hearing.
- Does an order of termination that appears valid on its face preclude a court from inquiring into the jurisdictional requirements and the authority behind the action?
- Was Rule 17(2) of the Defence Intelligence Service (Civilian Class 1) Rules, 1962 ultra vires Article 220 of the Interim Constitution?
- Was Rule 17(2) of the Defence Intelligence Service (Civilian Class 1) Rules, 1962 saved or continued under Section 25 of the Civil Servants Act 1973?
- Article 212(3), Constitution of Pakistan 1973
- Rule 17(2), Defence Intelligence Service (Civilian Class 1) Rules, 1962
- Article 220, Interim Constitution of Pakistan
- Section 25, Civil Servants Act 1973
ORDER
1. SHAFIUR RAHMAN, J.---Leave to appeal is 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 termina--petition 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 17 (2) of the Defence Intelligence Service (Civilian Class 1) Rules, 1962 was ultra vires Article 220 of the Interim Cons--titution and was consequently neither saved nor continued under S. 25 of the Civil Servants Act nor was it available for taking action against the respondent ?
2. The operation of the impugned order of the Service Tribunal is suspended meanwhile. The appeal the be heard on the present record with liberty to the parties to file such additional documents as they consider necessary. The original file dealing with the termination of the service of the respondent to be made available at the hearing. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.