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FEDERATION OF PAKISTAN versus RAJA MUHAMMAD ISHAQUE QAMAR


Section 20 (1) Pakistan Air Force Rules, 1957, R31 Constitution of Pakistan (1973), Article 199 (3) Removal of the constitutional jurisdiction of members of the Armed Forces of the High Court Article 199 (3) of the Malawide Act Oster Clause 19 Applicants of the Constitution were charged with crimes under Sections 2020 46, 8 468, 9469 and 1 off1, PPC for being members of the Armed Forces, but during the trial, they A compromise was made between K and the complainant, so they were acquitted by the trial court authorities, removing the respondents from the job without any benefit. Respondents of the service suspended their removal order before the High Court in the constitutional jurisdiction, which allowed them to petition that the authorities had taken in their favor that Article 199 (3) of the Constitution ) Could not appeal to the High Court in view of the dismissal clause. High Court has found the High Court unfair and unjust in view of the notified policy, regarding the entertainment order approved by the authorities to the Supreme Court. Failing to satisfy that alternative and effective remedy was provided in the Pakistan Air Force Act 1953 by appeal against this order. Either that, or the rules made under it have gone bad in a criminal case. , The High Court rightly concluded that the respondents cannot be retained in the job and they should be terminated administratively with the benefit of the circular / notification dated March 13, 1992 and in the spirit of In view of this, no exemption can be made without it being the case. Appeal dismissed

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