| Citation(s) |
|---|
| 2017 SLG 266 2017 SLD 266 2017 PLJ 1 |
Federal Service Tribunal, Islamabad
Review Petition No. 209 of 2015, Appeal No. 2806(R)CS of 2012, decided on 22.9.2016. heard on: 22.9.2016.
MUHAMMAD ARSHAD BHATTI AND MUHAMMAD, JAVED IQBAL KASI, MEMBERS
Ch. Bilal Ahmed, Proxy Counsel on behalf of Mr. Muhammad Shabbir Ahmed Nasir, Advocate for review Petitioner/Appellant. Raja Zubair Hussain Jarral, Learned counsel for
Respondent with Mr. Meharban Khan, S.O. D.R.
Review Petition No. 209 of 2015, Appeal No. 2806(R)CS of 2012, decided on 22.9.2016. heard on: 22.9.2016.
MUHAMMAD ARSHAD BHATTI AND MUHAMMAD, JAVED IQBAL KASI, MEMBERS
Ch. Bilal Ahmed, Proxy Counsel on behalf of Mr. Muhammad Shabbir Ahmed Nasir, Advocate for review Petitioner/Appellant. Raja Zubair Hussain Jarral, Learned counsel for
Respondent with Mr. Meharban Khan, S.O. D.R.
MUJAHID ABBAS///--Appellant
VS
M///O DEFENCE
Law:
Section:
Service Tribunal (Procedure) Rules, 1974---- --------R. 19(1)----Review petition----Mandatory to dispose of writ petition within 30 days----Review was dismissed for non-prosecution----Jurisdiction----A review cannot be granted for merely re-examination of same arguments----Re-arguing a case on merits as well as additional grounds is beyond scope of review petition----Besides that a mere desire of re-hearing of matter cannot constitute sufficient ground for grant of review----Pendency of review petition, much beyond mandatory period of 30 days for disposal of. PLD 2010 SC 954 & PLD 1960 Dhaka 1045, ref. THIS ORDER PASSED BY: MUHAMMAD JAVED IQBAL KASI, MEMBER.---- Through this Review Petition No. 209/2015, filed on 29.10.2015, a prayer has been made that the judgment of the FST, dated 14.09.2015 may be revisited and the major penalty of 'removal from service' may be converted into appropriate minor penalty with benefits of reduced pay scale. The learned counsel for the review petitioner has stated that the judgment of the FST on the main appeal has been passed without proper perusal of evidence and record made available by the counsel for the appellant/petitioner. He has focused on Rule-9 of the Revised Leave Rules 1980,saying that the review petitioner/appellant was entitled to extension of leave, also adding that the previous record of the petitioner/appellant was unblemished. He has relied upon the judgment of the Hon'ble Supreme Court of Pakistan, reported as 2006 PLC (CS) 1069. After filing of the review petition it was fixed for hearing on 3.11.2015, and the Counsel for the review petitioner was not available and notice was issued to the respondents for submission of written reply. On 18.11.2015 again associate counsel appeared on behalf of original counsel and an adjournment was sought. (The learned counsel for the respondents has pointed out that it is mandatory to dispose of writ petition within 30 days.) Review petition was again fixed on 23.11.2015 and despite call till 11:30 a.m. none had shown appearance on behalf of review petitioner, so in view of this position, MP regarding review of the aforementioned judgment was dismissed for…
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