Haji ABDULLAH KHAN vs DEPUTY COMMISSIONER, QUETTA and 3 others
This matter arises from a petition for leave to appeal filed by Haji Abdullah Khan against the dismissal of his service appeal by the Federal Service Tribunal. The petitioner, a Risaldar Major in the Federal Levies posted at Quetta, was dismissed from service by the Governor of Balochistan following an inquiry for negligence and involvement in the illegal disposal of government property. The core legal question concerns the competence and authority of the Governor of Balochistan to dismiss an employee of the Federal Levies, considering whether the Federal Levies are governed by the 1935 Instructions or the Civil Servants Act, and whether the Governor acted with proper delegated authority under Article 145 of the Constitution of Pakistan 1973. The Supreme Court granted leave to appeal to examine the sustainability of the impugned judgment in light of these contentions regarding the lack of a proper notification under Article 145 and the statutory authority governing dismissal.
- Does the Governor of a Province have the authority to dismiss a member of the Federal Levies?
- Whether the Federal Levies are governed by the Civil Servants Act in the absence of specific rules?
- Can the Governor act as an agent of the President under Article 145 of the Constitution of Pakistan 1973 without the issuance of a formal notification?
- Article 145, Constitution of Pakistan 1973
ORDER
' SAJJAD ALI SHAH, C.J.---Petitioner was serving as Risaldar Major in the Federal Levies posted at Quetta when he was dismissed by the Governor of Balochistan after enquiry on the ground of negligence in performance of duties and involvement in illegal disposal of the Government property. He filed a service appeal before the Federal Service Tribunal which has been dismissed vide order dated 5-11-1995. He seeks leave to appeal against that order of the Tribunal.
2. It is submitted on behalf of the petitioner that his case is not covered by 'Instructions Regarding Levies' framed in 1935 because in' those instructions Political Agent was authorised to dismiss and not the Governor. It is further submitted that the Federal Levies are constituted and maintained by the Federal Government, hence, the Governor of the Province had no authority to dismiss the petitioner, and that, in absence of rules, Federal Levies will be governed by the Civil Servants Act and the rules framed thereunder.
3. The learned Deputy Attorney-General present on the Court notice has submitted that the Governor acted as the agent of the President as contemplated under Article 145 of the Constitution, but candidly admitted that no notification has been issued under that provision.
4. Leave is granted to examine whether the impugned judgment is sustainable under the law in the light of the contentions mentioned above. 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.