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TEHSIN MIRAN GILLANI versus CHAIRMAN, CENTRAL BOARD OF REVENUE, GOVERNMENT OF PAKISTAN

Government Employees (Efficiency and Discipline) Rules 1973, Rules 5 and 6 of the Prevention of Corruption Act (II 1947), Section 5 (2) Martial Law Order [CMLE] S] No. 77, Pakistan Army Employees convicted of corruption / misconduct by section 143 civil summary military court under AID (XSQX 1952), after they were convicted under the Disciplinary and Disciplinary Rules 1973. He was fired and later such government employees were apologized by the zonal martial law administrator and directed to reinstate them. Reinstatement was not implemented in the service. Government employees were not removed by summary military court under their sentence and were discharged from service, but they were prosecuted under the Discipline and Discipline Rules, 1973. And consequently a restitution order was ordered by martial law. Thus, the administrator was beyond his jurisdiction under section 143 of the Pakistan Army Act 1952 unless he had the legal intention to martial law. Or expressly implied a martial law order, or as a result of a legal document, restoring a civil servant For El Secretariat issued by the Minister was a simple recipe can not be taken in vain. criminal advocate from Kotla Arab Ali Khan lawyer