Army Regulations

Punishment of severe reprimand was awarded to the petitioner for commission of an offence under S.55 of Pakistan Army Act, 1952, whereas the reason for his removal ,froth service was charge of misconduct under R.9-B(1), Pakistan Army Act Rules, 1954

Validity

Federal Government could dismiss or remove from service any Army Officer if he in the opinion of Government had by reason of misconduct become unworthy of holding a commission in the Pakistan Army and would be liable to be removed from service

For the purpose of removal of a person from service on the charge of misconduct if the Chief of Army Staff submitted a report without any inquiry as required under cl. (c) of 8.269-A, Pakistan Army Act, 1952, the Federal Government could-decide in either way

Action of removal from service from the Pakistan Army against the petitioner being in relation to his service as a member of Armed Forces of Pakistan, the legality or validity of said action could not be questioned on any ground including mala fide action before the High Court due to bar contained under Art.l99(3) of Constitution of Pakistan (1973)

Mala fide being mixed question of law and fact, unless it was proved that petitioner was awarded punishment due to personal malice, the malice in law could not be pleaded for such action because of some irregularity in the procedure or dispensation with the normal procedure in the exercise of powers under the law

Petitioner, had failed to prove malice or mala fides in taking action against him

Sentence of severe reprimand awarded to the petitioner by the Commandant Officer,'would not create a bar-for the Chief of Army Staff to take action against him in exercise, of- power available with him under Pakistan Army Act, 1952 read with Pakistan Army Act Rules, 1954 and Pakistan Army Regulations, 1986

Contention .that petitioner having been awarded punishment of severe reprimand, he could not be awarded the punishment of dismissal from service, was repelled, in circumstances.

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.1(4)(c), proviso-Industrial Relations Ordinance (XXIII of 1969), S.1(3)

Military Farm employees whether entitled to invoke jurisdiction of Labour Court-Government Servants Rules framed under statute adopted by Government for employees of Military Farm

Military Farms are part of regular Army run by government as per provisions of Regln. 2(c) of Army Regulations Vo1.II

Both conditions for exclusion from purview of West Pakistan Industrial and Commercial Employment, (Standing Orders) Ordinance, 1968, held, were fulfilled

Labour Court, had no jurisdiction over employees Military Farm.

Punjab Local Government Ordinance (VI of 1979), S. 21 (1) (c)-Army Regulations Vol. 1, r. 253-Provisional Constitution Order (I of 1981), Art. 9 (1) (b) (ii)-Election of union council-Retirement of candidate Disqualification of candidate on ground' of non-completion of period of 2 years after retirement from Government service-Naik in armed forces when services were terminated after he had completed a little over fifteen years of service, because of his being invalidated out on medical ground, held, prematurely retired by competent authority other than by way of punishment and he did not retire on completion of his normal full prescribed period of service-Words "retirement" and "discharge", in Army Regulations, Vol. I, r. 253 interchangeable term loosely used to cover termination of service where a person has completed prescribed age or period of service.

Vol. II, para. 269-A-Handcuffing-Detenu's behaviour neither unruly nor non-cooperative-Use of manacles, in circumstances, held, not necessitated-Action deprecated.