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Petitioner: ABDULLAH KHAN VS Respondent: DEPUTY COMMISSIONER, QUETTA
1998 P L C (C
1998 P L C (C.S.) 1031
[Supreme Court of Pakistan]
Present: Sajjad Ali Shah CJ, Sh. Riaz Ahmad and Muhammad Bashir Jehangiri, JJ
Haji ABDULLAH KHAN
versus
THE DEPUTY COMMISSIONER, QUETTA and 3 others
Civil Petition No.668 of 1995, decided on 26th February, 1996.
(On appeal form the judgment dated. 5-11-1995 of the Federal, Service Tribunal, Islamabad in Appeal No.476(Q) of 1994).
Government Servants (Efficiency and Discipline) Rules, 1973---
----R. 4---Constitution of Pakistan (1973), Art. 212(3)---Misconduct-- Dismissal of civil servant by Governor---Civil servant failed to get relief from Service Tribunal against order of his dismissal---Validity---Petitioner claimed that his case was not covered by "Instructions Regarding Levies" framed in 1935 because in those instructions Political Agent was authorised to dismiss and not the Governor---Petitioner's further submission was that Federal Levies were constituted and maintained by Federal Government, therefore, Governor of Province had no authority to dismiss petitioner and that in absence of rules Federal Levies would be governed by Civil Servants Act. 1973 and Rules framed thereunder---Respondents, however, maintained that Governor, while dismissing petitioner, had acted as Agent of the President as contemplated under Art. 145 of the Constitution, but they admitted that no notification had been issued under the said provision-- Leave to appeal to Supreme Court was granted to examine whether impugned judgment was sustainable under law in the light of plea that no notification was issued under the relevant provision.
Khawaja Muhammad Farooq, Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Petitioner.
Raja M. Bashir, Deputy Attorney-General on Court's Notice.
Date of hearing: 26th February, 1996.
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 A 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.
A.A./A-70/S Leave granted.