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Civil Petition for Special Leave to Appeal No. 179‑R/1982, decided an 18th October, 1982.
(Against the judgment and order dated the 12th July, 1982 of the Federal Service Tribunal, Islamabad, in Appeal No. 95 (R)/81).
----Art. 212(3) read with Defence Intelligence Service (Civilian Class 1) Rules, 1962, r, 17(2); Constitution of Pakistan (1972), Art. 220 and Civil Servants Act (LXXI of 1973), P. 23‑Civil service ‑‑ Leave to appeal‑Granted to examine questions of law of .public importance as to (i) whether order communicating termination of service of respondent foreclosed any further enquiry into matter and (ii) whether r. 17(2) of Rules was ultra vires of Art, 220 of 1972_ Constitution and consequently neither saved nor continued under S. 25 of Act.
Ch. Akhtar Ali, Advocate‑on‑Record for Petitioners.
M. .A. Siddiqui, Advocate‑on‑Record for Respondent,
Date of hearing : 18th October, 1982.
‑‑Leave to appeal is granted under Article 212(3) of the Constitution to examine the following questions of law of public importance arising in the case‑
(1) Whether the order dated 18‑12-1980 communicating the termina tion of the service of the respondent as Intelligence Officer with immediate effect foreclosed any further inquiry into the manner, the authority and the full satisfaction of the jurisdictional requirements for the action taken though it appeared ex facie from the record made available to the Federal Service Tribunal hearing the appeal
(2) Whether rule 17 (2) of the Defence Intelligence Service (Civilian Class 1) Rules, 1962 was ultra vires Article 220 of the Interim Cons titution and was consequently neither saved nor continued under S. 25 of the Civil Servants Act nor was it available for taking action against the respondent
The operation of the impugned order of the Service Tribunal is suspended meanwhile. The appeal the be heard on the present record with liberty to the parties to file such additional documents as they consider necessary. The original file dealing with the termination of the service of the respondent to be made available at the hearing.
S. Q. Leave granted.
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