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


Government Employees (Talent and Discipline) Rules 1973 Rr 4, 5 and 6 Corruption Prevention Act (II of 1947, Section 5 (2) Martial Law Order [CM L \ s] No 77 Pakistan Army Act (1952) XXXIX), employees convicted of corruption / misconduct by Section 143 Civil Summary Military Court were dismissed from their jobs after being punished under the Discipline and Disciplinary Rules, 1973 After the employees were apologized by the Zonal Martial Law Administrator and directed to reinstate them, the restoration order was not implemented in the service. His writ was not removed by his sentence and from his service, but he was prosecuted under the Discipline and Discipline Rules, 1973 and consequently ordered to be restored by Martial Law. Thus the Administrator was beyond his jurisdiction under Section 143 of the Pakistan Army Act 1952 unless it had a legitimate intention to express the form of martial law regulation or martial law order, or The instructions were the result of a legal document, no simple instruction issued by the CML Secretariat for the rehabilitation of civil servants. Can be picked up.

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