Liabilities of officers under PakistanAir force Security Force Act 1975
S J Tubrazy
Section 7 of Air force Security Force Act 1975 provides for liabilities of officers and members of A.S.F. as follows:-
“7. Liabilities of officers and members.– (1) It shall be the duty of every officer and member promptly to obey and execute all orders. and instructions issued to him by any competent Authority.
(2) Every officer and member shall be liable to serve wherever he is required to serve by the competent Authority.
(3) Every officer or member who is guilty of any violation of duty or wilful breach or neglect of any rule or regulation or lawful order made by a competent Authority, or who withdraws from his duties without permission, or without having given previous notice of two months, or who, being absent. on leave, fails, without reasonable cause, to report himself for duty on the expiration of such leave, or who engages without authority in any employment other than his duty under this Act, or who is guilty of cowardice, or who offers any unwarrantable personal violence to any persons in his custody, shall be liable to be proceeded against departmentally and to be awarded such punishment, including imprisonment for a term which may extend to six months and fine which may extend to the amount of his pay for three months, as may be prescribed by rules. ”
It may also be mentioned that section 9 of the Act empowers the Federal Government to delegate all or any of its power under the Act except those under section 11 of the Director-General.
It may be stated that pursuant to the power conferred by section 11 of the Act, the Federal Government framed Airports Security Force (Discipline) Rules, 1977, through a notification gazetted on 29-10-1977 for providing the definitions of the various terms including the definition of Summary Court by providing that it means a Court consisting of a Force Commander or a Deputy Director or any other officer not below the rank of an Assistant Director empowered by the Federal Government to exercise the functions of a Court under the rules. Whereas Rule 3 provides the punishments as follows:
“(a) stoppage of increment for specified period;
(b) stoppage of promotion for a period not exceeding one year;
(c) in case of officers, reprimand of any description;
(d) extra guard or piquets duty;
(e) in case of members, restriction of movement to lines for a period not exceeding twenty-eight days with or without punishment of drill;
(f) reduction in rank or grade, or both;
(g) compulsory retirement;
(h) removal from service;
(i) dismissal from service;
(j) fine; and
(k) sentence of imprisonment for a term which may extend to six months.
(2) Removal from service does not, but dismissal from service does, disqualify for future employment.
(3) In this rule, removal or dismissal from service does not include discharge of a person-
(a) appointed on probation, during the period of probation, or in accordance with the probation or training rules applicable to him;
(b) appointed otherwise than under a contract to hold a temporary appointment, on the expiration of the period of appointment; or
(c) engaged under a contract, in accordance with the terms of the contract. ”
Rules relating to suspension, preliminary enquiry, investigation of charge, charge-sheets procedure for trial by the Summary Court, procedure for departmental proceedings, the accused right to be assisted, confirmation of punishment, place of custody, right for appeal and calling of record by the appellate authority were also provided for in the above rules.