UMAR ISLAM vs FEDERATION OF PAKISTAN through Secretary Defence, Rawalpindi S

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UMAR ISLAM VS FEDERATION OF PAKISTAN through Secretary Defence, Rawalpindi S.20---Pakistan Air Force Rules, 1957, Rr. 191, 31-A, 31-B & 31---Pakistan Air Force Order, O. 39-1---Constitution of Pakistan, Arts. 199 & 10-A---Dismissal, removal or reduction of employees by Chief of the Air Staff or other officers---Constitutional petition---Maintainability---Right to fair trial---Mala fide of competent authority---Effect---Petitioners, being airmen, were removed from service for involving in homosexual activities with an Upper Division Clerk (UDC)/victim---Validity---Powers exercisable by Chief of Air Staff or any other officer in terms of S.20 of Pakistan Air Force Act, 1953, were not unfettered but were subject to other provisions of the Act, Rules or Regulations---Rules 31-A & 31-B of Pakistan Air Force Rules, 1957, strictly and in unequivocal terms made it mandatory that the show cause notice had to be given to the person, proposed to be removed from service---Show-cause notice was issued to the petitioners by the officer who was authorized under clause (c) of paragraph 3 of the Order 39-1 of Pakistan Air Force Order to recommend the removal and not by the Vice Chief of Air Staff---Provisions of R. 31-B of Pakistan Air Force Rules, 1957, were not followed---Petitioners, in view of R. 31(ix)(c) of Pakistan Air Force Rules, 1957, deserved to be discharged instead of removal from service---Petitioners were not provided fair opportunity of trial in terms of Art. 10-A of the Constitution---Act of authority could easily be construed as mala fide in law---No right of appeal was available to the petitioners and in such situation they could not be denied the right to file constitutional petition on account of Art. 199(3) of the Constitution---Impugned order to the extent of removal of petitioners from their services was set aside and they were treated as discharged from services---Constitutional petitions were disposed of accordingly.

UMAR ISLAM vs FEDERATION OF PAKISTAN through Secretary Defence, Rawalpindi S — 2021 PLC(CS) 92 PESHAWAR-HIGH-COURT

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