Case Details

Citation(s)
1976 SLG 241 1976 SLD 241 1976 SCMR 262
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 209-R of 1975, decision dated: 3rd March 1976
MUHAMMAD YAQUB ALI, C.J., SALAHUDDIN AHMED, ANWARUL HAQ AND MUHAMMAD AFZAL CHEEMA, JJ
Syed Riaz Ahmad Pirzada Advocate and Noor Ahmad Noori, Advocate-on-Record for Petitioner. Nemo for
Respondents

MUHAMMAD AZHAR KHAN

VS

THE SERVICES TRIBUNAL, ISLAMABAD AND others

Law:

Section:

Constitution of Pakistan (1973)--- ----Art. 212-Appeal to Supreme Court--Lies front order of Services Tribunal only on question of law of general public importance­ Refusal by Services Tribunal to condone delay in filling appeal before it-Does not constitute a question of law.-[Civil Service]. ORDER MUHAMMAD YAQUB ALI, C, J.--The petitioner was compulsorily retires from the post of Wireless Licensee Inspector on 16th June 1973. The charge against him was that he had realized Rs.150 from two defaulters and appropriated the amount to himself. Against the order of retirement, the petitioner filed an appeal before the Postmaster General which was dismissed on 21-1-1974 affirming the finding that the petitioner had been guilty of misconduct and did not deserve to be detained in Government it service. The petitioner then filed a representation to the Prime Minister of Pakistan on 6-8-1974, which was returned on 22-8-1974 with the remarks that as no such petition lay, the petitioner should file an appeal before the Services Tribunal for redress. Thereupon the petitioner filed in appeal on 28-12-1974 before the Services Tribunal. Government of Pakistan, Islamabad, which was dismissed as barred by time. The petitioner contested the order by a review applica­tion contending that he was neat a civil servant on the 22nd February 1974, when the Tribunal was established and could not, therefore, file an appeal from…
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