| Case ID |
0916286d-5429-496f-a0dd-71b148fddad7 |
| Body |
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| Case Number |
Old Appeals Nos.197(L) of 1984 and New No.215(R) o |
| Decision Date |
Nov 14, 1988 |
| Hearing Date |
|
| Decision |
The appeal filed by Mr. M. Zafar Sohail against the order of Secretary-General Defence regarding the termination of his services was dismissed for want of jurisdiction. The Tribunal found that the appellant had been served with a show-cause notice which remained unanswered. The termination was executed under the provisions of Martial Law Regulations, which barred the Tribunal from interfering in such cases. Consequently, the appeal was deemed incompetent as the Tribunal lacked jurisdiction to hear the matter under the specific articles of the Constitution and Martial Law Regulations. |
| Summary |
In the case of Old Appeals Nos.197(L) of 1984 and New No.215(R) of 1985, the Federal Service Tribunal dealt with the appeal of Muhammad Zafar Sohail against his termination from the Airports Security Force. The Tribunal, led by judges Ch. A. Rahman Khan and Misbah Ullah Khan, ruled that the termination was valid as it was executed under Martial Law Regulations. The Tribunal emphasized that it had no jurisdiction to overturn the decision due to the legal framework established by the Constitution of Pakistan, specifically Article 270-A and related regulations. This case highlights the limitations of judicial authority in matters involving Martial Law, reinforcing the principle that certain governmental actions are shielded from judicial review. Keywords: Federal Service Tribunal, termination of services, jurisdiction, Martial Law Regulations, Constitution of Pakistan. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Not available
|
| Judges |
CH.A. RAHMAN KHAN,
MISBAH ULLAH KHAN
|
| Lawyers |
M. S. Siddiqi
|
| Petitioners |
MUHAMMAD ZAFAR SOHAIL
|
| Respondents |
SECRETARY-GENERAL (DEFENCE),
AVIATION DIVISION
|
| Citations |
1989 SLD 1162,
1989 PLC 205
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art.270-A,
Martial Law Regulations, 1981 C.M.L.A. No. 52,
Art.15
|