Legal Case Summary

Case Details
Case ID 106f4e37-f649-4c28-b435-cda5b79575c1
Body View case body.
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)