S.A. RIZVI Versus ISLAMIC REPUBLIC OF PAKISTAN
This appeal by leave of the Court is directed against the order of the Service Tribunal dismissing the appellant's appeal against his dismissal under Martial Law Regulation No. 58 for want of jurisdiction. The core legal question concerns the jurisdiction of the Service Tribunal to entertain an appeal against an order of dismissal passed under Martial Law Regulation No. 58 of 1969 in respect of a civil servant. Following the reasoning in M. Yamin Qureshi v. Islamic Republic of Pakistan, the Supreme Court held that the Service Tribunal has jurisdiction in the matter, set aside the impugned order of the Tribunal, and remanded the case for expeditious disposal on merits. The key principle laid down is that Service Tribunals possess jurisdiction to hear appeals relating to departmental actions and dismissals falling within the scope of relevant constitutional and statutory provisions as interpreted in precedent.
- Does the Service Tribunal have jurisdiction to hear an appeal against the dismissal of a civil servant under Martial Law Regulation No. 58 of 1969?
- Can a central employee be removed from service by a Provincial Government?
- Article 212, Constitution of Pakistan 1973
- Martial Law Regulation No. 58 of 1969
ORDER
1. ANWARUL HAQ, C. J.-This appeal, by the leave of the Court, under Article 212 of the Constitution, is directed against an order made by the Service Tribunal, Government of Pakistan at Islamabad, dated the 4th of December, 1977, by which the appeal filed by the appellant against the order of his dismissal under M. L. R. 58 of 1969 was dismissed for want of jurisdiction.
2. The appellant was a member of an All India Class-I Service, and at the relevant time was serving on deputation with the Water and Power Development Authority as Resident Representative at Karachi for Stores. On 7-10-1968, lie was given two years extension by the Government of Pakistan. It is stated that on 7-10-1969, the Review Committee allowed him to continue in service, but he was suspended the very next day under M. L. R. 58, and ultimately dismissed on the 2nd of May, 1970.
3. Apart from adopting the submission made in M. Yamln Qureshi v. Islamic Republic of Pakistan and another (PLD1980SC22), on the question of the jurisdiction of the Service Tribunal in the matter of appeal preferred by the appellant, he has further contended that as he was a central employee he could not be removed by the Provincial Government. He submits that he had all along served the Government faithfully and honestly and there was no justification whatsoever for his dismissal under M. L. R. 58.
4. For the detailed reasons given by us in P L D 1980 S C 22 we would accept this appeal with costs, set aside the order of the Tribunal, and direct that the appeal filed by the appellant be expeditiously disposed of on merits.
5. S. A. H. Appeal allowed.