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MUHAMMAD ANWAR versus PAKISTAN


Article 212 (3) Airport Security Force (Service) Rules, 1978, Rr 12 (7) TT12 (2) Understanding the rules or the interpretation of the rules in the context of the interpretation of the principles behind the explanation A service tribunal allowed to investigate

1986 S C M R 1825(1)

Present: Muhammad Haleem, C.J., S. A. Nusrat and Zaffar Hussain Mirza, JJ

Rana MUHAMMAD ANWAR‑‑Petitioner

versus

PAKISTAN and others‑‑Respondents

Civil Petition No. 286‑K of 1984, decided on 13th August,1986.

(On appeal from the judgment and order of the Federal Service Tribunal at Karachi, dated 2‑5‑1984 passed in Appeal No. 105(K) of 1982).

Constitution of Pakistan (1973)‑‑

‑‑Art. 212(3)‑‑Airport Security Force (Service) Rules, 1978, Rr.12(7) tt 12(2)‑‑Interpretation of Rules‑‑Ambiguity or back of clarity with regard to interpretation of rules‑‑Leave granted to examine reconciliation and interpretation of rules given by Service Tribunal.

Petitioner in Person.

Nemo for Respondents.

Date of hearing: 13th August, 1986.

ORDER

S.A.NUSRAT, J.‑‑

This petition is from the judgment of the Federal Service Tribunal whereby, the appeal of the petitioner was dismissed.

2. The learned Tribunal has itself conceded in the impugned judgment that there was some ambiguity or lack of clarity with regard to the interpretation of rule 12(7) and rule 12(2) of the A.S.F. (Service) Rules, 1978. The learned Tribunal has attempted to reconcile the two rules and the interpretation so given needs examination. Leave to appeal is accordingly granted. The appeal will be heard on the same record.

M. I. Leave granted.

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