A bench of the Supreme Court of Pakistan comprising chief Justice Nazim Hussain Siddiqui, Justice Mohammad Javed Iqbal and Justice Abdul Hameed Dogar on Tuesday dismissed a civil leave to appeal filed by Mst Mushtar Jahan, a former Security Officer of Airport Security Officer (ASF). The appellant impugned a judgement by Federal Services Tribunal (FST) dated February1 16, 2000 which dismissed her petition challenging her dismissal from the ASF under Army Act of 1952 on ground of misconduct.
The main respondent ASF took the plea before FST that FST has no jurisdiction to hear the appeal as per amendment (Ordinance XLIV of 1993) in ASF rules, jurisdiction of all courts and tribunals is ousted.
The respondent also alleged that she was served with notice for her poor performance, warnings time to time but no improvement was noticed after which she was dismissed from the service. The FST after hearing the counsel for appellant and ASF dismissed her appeal both on law and merit.
Making the Prime Minister, Federal Secretary Establishment Division, Federal Secretary Defence, Force Commander ASF and FST respondents the appellant questioned that whether order of compulsory retirement dated August 27, 1991 was competently passed under the provisions of Army Act, 1952 and that whether appellant being Civil Servant to be dealt under Government Servant (Efficiency and Disciplinary) Rules 1973 and not under the Army Act.
The appellant maintained that she was appointed as Assistant Security Officer through Federal Public Service Commission in 1979. She maintained that in 1982 posts of Security Officers (SO) were advertised and she was again selected as SO by FPSC in 1982.
She was working when she was served with orders of compulsory retirement with effect from August 27, 1991.
The appellant contended that she was not served with any show cause notice under the Efficiency and Disciplinary Rules and was removed with out giving opportunity of hearing or show cause. The bench of Supreme Court on Tuesday after detailed hearing dismissed her leave appeal upholding the judgement of FST.
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