| Case ID |
106f4e37-f649-4c28-b435-cda5b79575c1 |
| Body |
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| Case Number |
Civil Appeal No. 1197 of 1997 |
| Decision Date |
Mar 13, 1998 |
| Hearing Date |
Mar 13, 1998 |
| Decision |
The Supreme Court of Pakistan remanded the appeal to the Federal Service Tribunal to reconsider the matter under the provisions of the Pakistan Rangers Ordinance, specifically the Pakistan Rangers (Efficiency, Discipline and Appeal) Rules, 1967. It was held that the Rules of 1973 were not applicable to the employees of the Pakistan Rangers, and the Federal Service Tribunal had erred in its application of the Civil Servants Act. The ruling emphasized the precedence of the Pakistan Rangers Ordinance over the Civil Servants Act in case of any conflict, establishing that employees of the Pakistan Rangers are deemed civil servants while also highlighting the distinct nature of their governance under specific rules. |
| Summary |
This case revolves around the applicability of the Government Servants (Efficiency and Discipline) Rules, 1973 to employees of the Pakistan Rangers. The Supreme Court of Pakistan examined whether the provisions of the Pakistan Rangers Ordinance, 1959, and its associated rules took precedence over the Civil Servants Act. It was determined that the Pakistan Rangers (Efficiency, Discipline and Appeal) Rules, 1967 govern the service matters of the Pakistan Rangers, thereby concluding that the Federal Service Tribunal had incorrectly adjudicated the appeal based on the Civil Servants Act. The ruling clarifies the legal standing of the Pakistan Rangers as civil servants while delineating the authoritative framework governing their conduct and discipline. This case is significant as it clarifies the legal boundaries and frameworks applicable to military and paramilitary personnel within Pakistan's legal system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Service Tribunal,
Pakistan Rangers
|
| Judges |
AJMAL MIAN, C.J.,
SH. RIAZ AHMAD,
CH. MUHAMMAD ARIF, JJ
|
| Lawyers |
Moulvi Anwarul Haq, Deputy Attorney-General,
Rao Muhammad Yusuf Khan, Advocate-on-Record for Appellants,
C.M. Latif, Advocate-on-Record for Respondent
|
| Petitioners |
FEDERATION OF PAKISTAN through Secretary, Ministry of Interior (Interior Division), Islamabad and 2 others
|
| Respondents |
RO-177 Ex-DSR MUHAMMAD NAZIR
|
| Citations |
1998 SLD 634,
1998 SCMR 1081
|
| Other Citations |
1996 SCMR 1614
|
| Laws Involved |
Government Servants (Efficiency and Discipline) Rules, 1973,
Pakistan Rangers (Efficiency, Discipline and Appeal) Rules, 1967,
Civil Servants Act (LXXI of 1973),
Service Tribunals Act (LXX of 1973),
West Pakistan Rangers Ordinance (XIV of 1959)
|
| Sections |
1(2),
4,
2(b),
4,
1,
21(1)
|