Haji ABDULLAH KHAN vs THE DEPUTY COMMISSIONER, QUETTA and 3 others
The petitioner, a Risaldar Major in the Federal Levies, was dismissed from service by the Governor of Baluchistan following an inquiry for negligence and illegal disposal of government property. His subsequent service appeal before the Federal Service Tribunal was dismissed, leading him to seek leave to appeal before the Supreme Court of Pakistan. The petitioner contended that under the Instructions Regarding Levies of 1935, only the Political Agent had the power of dismissal, that the Federal Levies are a federal body making the Provincial Governor's order without authority, and that in the absence of specific rules, the Civil Servants Act and rules govern the force. The Deputy Attorney-General conceded that no notification had been issued under Article 145 of the Constitution regarding the Governor acting as the President's agent. The Supreme Court granted leave to appeal to examine whether the Tribunal's judgment was sustainable in light of these contentions regarding the competent authority for dismissal.
- Whether the Governor of a province has the authority to dismiss a member of the Federal Levies?
- Does the absence of specific rules make the Civil Servants Act and rules applicable to the Federal Levies?
- Can the Governor act as the agent of the President under Article 145 of the Constitution 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 Baluchistan 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 authorized 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.