FEDERATION OF PAKISTAN versus MUHAMMAD QAISAR HAYAT KHAN
The Constitution of Pakistan 1973 Article 212 (3) prohibited the transfer of government employees to B-section 18 on the basis that it was not entitled to validate the annual intelligence reports received only in the last five years. In Mohammed Anwar's case (PLD 1992 SC 144), rejecting a rule, he said that if no negative report was received against the government employee and he received average reports, he would usually have to behave well. The service tribunal followed such a rule and ordered the termination of civil servants. The service tribunal exercised the right of the Supreme Court and, thus, there was no case for interference in the decision of the leave on appeal of the service tribunal [civil service].
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