1980 PLP (C (PLC(CS))

SHAH ABDUR RASHID (CHAIRMAN).‑Consequent upon the disciplinary proceedings taken against him, Muhammad Umar, Driver‑cum‑Main tainer employed under the Pakistan Atomic Energy Commission in Karachi Nuclear Power Project, was removed from service by order dated 25th June, 1978 under rule 4(1)(b)(iii) of the Government Servants (Efficiency and Discipline) Rules, 1973 as adopted by the Atomic Energy Commission by Regulation 60 of the Pakistan Atomic Energy Commission Service Regulations, 1974. This order has been challenged by wary of appeal purporting to be under section 4 of the Service Tribunals Act, 1974.

2. The first question to be determined in this matter is whether the appellant is a civil servant within the meaning of clause (b) of subsec tion (1) of section 2 of the Civil Servants Act, 1973 and as such has a right of appeal to the Tribunal under section 4 of the Service Tribunals Act, 1975. The learned counsel for the appellant has contended that the Atomic Energy Commission is a Government Department and the appellant being an employee thereof is a civil servant and as such he can invoke the provi sion of section 4 of the Service Tribunals Act, 1973 to seek redress against illegal order of removal from service of Atomic Energy Commission. The learned counsel however, did not explain as to how an employee of a corporate body established under a statute can come within the definition of the civil servants as given in clause (b) of subsection (1) of suc tion 2 of the Civil Servants Act, 1973.

3. The Atomic Energy Commission was established by Pakistan Atomic Energy commission Ordinance, 1965. Subsection (1) of section 3 of the said Ordinance gives powers to the Central Government to estab lish the said Commission. Subsection (2) of section 3 provides that the Commission shall be a body corporated by the name of the Pakistan Atomic Energy Commission having perpetual succession and a common seal, with power, subject to the provisions of Ordinance, to acquire and hold property, both movable and immovable, and shall by the said name sue and be sued. Section 4 of the Ordinance explains the composition of the Commission. Section 13 thereof gives the Commission power to appoint from time to time such officers, advisers and employees as it considers necessary for the efficient performance of its functions on such terms and conditions as it may deemed fit. Section 20 thereof enables the commis sion to make Regulations as it may deem necessary or expedient for the achievement of its aims and objects and the performance of its functions.

4. The above provisions of the statute leaves no room for doubt that the power of the Government is restricted to the appointment of the members etc. of the Commission. For the achievement of its objects and aims and for the performance of its functions, the Commission has itself the power to make employment of persons under its service.

5. Clause (b) of subsection (1) of section 2 of the Civil Servants Act, 1973, which, defines the term civil servants reads as follows :‑ 'Civil servant' means a person who is a member of an All Pakistan Service or of a civil service of the Federation, or who holds a civil post in connection with the affairs of the Federa tion, including any such post connected with defence, but does not include ...........................

6. It can be argued, as it is generally argued in such cases ; that the employees of the Commission are holding post in connection with the affairs of the Federation and therefore, they are civil servants within the meaning of clause (b) of subsection (1) of section 2 of the Civil Servants Act, 1973. These arguments are, however, devoid of any force inasmuch as the employees of the Atomic Energy Commission are not serving in connection with the affairs of the Federation but they are serving the connection with the affairs of the Atomic Energy Commission. The mere fact, that the Government Servants (Efficiency and Discipline) Rules, 1973 haves been invoked to remove the appellant from service, does not give the appellant the status of a civil servant. The said Rules do not by their own force apply to the servants of the Commission. They have been adopted by the Commission in exercise of its own power to make Regulation under section 29 of the Ordinance. The removal of the appellant from service was made by invoking the provisions of Regulation made under section 20 of the Ordinance whereby the Government Servants (Efficiency and Discipline) Rules 1973 had been adopted by the Commission. The making of separate rules was obviously avoided for simplification and repetition of the rules themselves with the intention that the rules are in line with the Government rules. In such circumstances, as already observed the appellant not being a Civil. Servant cannot invoke the jurisdiction of this Tribunal under section 4 of the Service Tribunals Act, 1973.

7. This Tribunal having no jurisdiction, the appeal is rejected in limine.

8. Parties to be informed accordingly. Appeal rejected.