Law:

Section:

(a) Sindh Service Tribunal Act (XIV of 1973)-------S. 4(a)---Appeal---Maintainability---Departmental appeal---Appeal filed before Tribunal without filing representation or departmental appeal---Effect---Appeal preferred before Service Tribunal without recourse to the departmental appeal was not maintainable. WAPDA v. Fida Hussain 2004 SCMR 1439 distinguished. (b) Sindh Service Tribunal Act (XIV of 1973)--- ----S. 4(a)---Appeal to Service Tribunal---Departmental appeal---Mandatory requirement of law---Non-filing of departmental appeal---Effect---Appellant filed appeal before Tribunal without availing departmental remedy---Contention was that valuable right of the appellant was involved and departmental appeal being a procedural technicality, appellant could not be knocked out for non-filing of departmental appeal---Validity---Provision of law which was particularly in negative terms was mandatory---Departmental appeal was not a procedural technicality-Departmental appeal was a mandatory requirement of law. (c) Sindh Service Tribunal Act (XIV of 1973)--- ----S. 4(a)---Appeal to Service Tribunal---Departmental appeal---Scope---Appellant filed appeal before Tribunal without filing departmental representation on the issue---Appellant contended that his representation on the same matter filed before issuance of impugned order may be deemed to be an appeal---Validity---Representation made before issuance of impugned order could not be treated as departmental appeal, however, courts should try to provide remedy to the litigants, as far as possible without violating the law---Service Tribunal taking lenient view directed the departmental authority to treat the representation as departmental appeal. Muhammad Nawaz Shaikh for Appellant. Ms. Shahida Jatoi State Counsel for A.A.-G. Date of hearing: 11th July, 2013. ORDER MUJEEBULLAH SIDDIQUI (CHAIRMAN).--- There is office objection that the appellant has preferred this appeal before Tribunal without filing the departmental appeal and therefore the appeal is not competent by virtue of the provisions contained in section 4 proviso (a) of the Sindh Service Tribunal Act, 1973, which is reproduced as under:--- (a) Where an…

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