SCMR 1983

1983 PLP 1193 (SCMR)

DIVISION AND OTHERS-Appellants Versus SAJJAD HAIDER SYED - Respondent

Jurisdiction / Court
High Court
Decided Date
N/A
Honorable Judges
Muhammad Afzal Zullah, Shafiur Rahman and
Case Reference Summary (AEO Optimized)
Citation 1983 PLP 1193 (SCMR)
Forum / Court High Court
Bench Members Muhammad Afzal Zullah, Shafiur Rahman and
Parties DIVISION AND OTHERS-Appellants Versus SAJJAD HAIDER SYED - Respondent
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1983 PLP 1193 (SCMR)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1983 PLP 1193 (SCMR)?

The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, Shafiur Rahman and.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1983 PLP 1193 (SCMR) (DIVISION AND OTHERS-Appellants Versus SAJJAD HAIDER SYED - Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Representation

  • Ch. Akhtar Ali, Advocate‑on‑Record for Petitioners.
  • M. .A. Siddiqui, Advocate‑on‑Record for Respondent,

Judgment & Decree

SHAFIUR RAHMAN, J.‑‑‑Leave to appeal is granted under Article 212(3) of the Constitution to examine the following questions of law of public importance arising in the case‑ (1) Whether the order dated 18‑12-1980 communicating the termina tion of the service of the respondent as Intelligence Officer with immediate effect foreclosed any further inquiry into the manner, the authority and the full satisfaction of the jurisdictional requirements for the action taken though it appeared ex facie from the record made available to the Federal Service Tribunal hearing the appeal? (2) Whether rule 17 (2) of the Defence Intelligence Service (Civilian Class 1) Rules, 1962 was ultra vires Article 220 of the Interim Cons titution and was consequently neither saved nor continued under S. 25 of the Civil Servants Act nor was it available for taking action against the respondent ? The operation of the impugned order of the Service Tribunal is suspended meanwhile. The appeal the be heard on the present record with liberty to the parties to file such additional documents as they consider necessary. The original file dealing with the termination of the service of the respondent to be made available at the hearing. S. Q. Leave granted.