| Case ID |
ffe9b849-c0ee-4126-bc66-c87381fc660f |
| Body |
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| Case Number |
C.As. Nos. 1541 to 1544 of 2003 |
| Decision Date |
Jun 01, 2004 |
| Hearing Date |
Jan 01, 2004 |
| Decision |
The appeals were allowed, and the impugned judgments of the Federal Service Tribunal were set aside. The cases were remanded to the Service Tribunal for a fresh decision in accordance with the provisions of the Frontier Corps Ordinance, 1959. The court held that the members of the Frontier Corps are governed under the provisions of Ordinance 1959, and for limited purposes, they are given the status of civil servants to enable them to seek remedy before the Service Tribunal for redressal of their grievances. The court emphasized the importance of maintaining discipline within para-military forces like the Frontier Corps by upholding stringent punishments as prescribed by special laws like the Frontier Corps Ordinance, 1959. |
| Summary |
This case delves into the legal intricacies surrounding the status of Frontier Corps members as civil servants under the Civil Servants Act, 1973, and their right to appeal in disciplinary matters before the Federal Service Tribunal. The Supreme Court of Pakistan evaluated whether the respondents, who were employees of the Frontier Corps, qualified as civil servants under Section 2(b) of the Civil Servants Act, 1973, and whether they could file appeals under the Service Tribunals Act, 1973. The court also examined the impact of the Removal from Service (Special Powers) Ordinance, 2000, on these legal provisions. The judgment highlighted the precedence of special laws, such as the Frontier Corps Ordinance, 1959, over general laws like the Ordinance of 2000, reinforcing the principle that special legislation prevails in cases of legal conflict. The court underscored the necessity of stringent discipline within para-military forces, which justifies the application of special laws with strict disciplinary measures. This decision reaffirms the legal framework for maintaining order and discipline in specialized government forces, ensuring that they can effectively fulfill their roles in national security and civil administration. Keywords: Frontier Corps, Civil Servants Act, Service Tribunals Act, Removal from Service Ordinance, Supreme Court of Pakistan, para-military discipline, special legislation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Service Tribunal
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY,
RANA BHAGWANDAS,
Khalil-ur-Rehman Ramday
|
| Lawyers |
Mrs. Nahida Mchboob Elahi, Standing Counsel,
Ch. M. Akram, AOR,
Skcikh Riaz-ul-Haq, ASC,
Mr. M.A. Zaidi, AOR,
Mr. Muhammad Mitnir Piracha, ASC
|
| Petitioners |
others,
I.G. H.Q. FRONTIER CORPS
|
| Respondents |
GHULAM HUSSAIN,
etc.
|
| Citations |
2004 SLD 3254,
2004 PLJ 800
|
| Other Citations |
1998 SCMR 1081,
PLD 1970 Quetta 49
|
| Laws Involved |
Civil Servants Act, 1973,
Service Tribunals Act, 1973,
Removal from Service (Special Powers) Ordinance, 2000,
Frontier Corps Ordinance, 1959
|
| Sections |
2(b),
26,
4,
11,
5(2)
|