Law:

Section:

(a) Civil Procedure Code (V of 1908)- -- S. 96 - Appeal - Meaning - Appeal, continuation of original proceedings and a statutory right of substantive nature - Service Tribunals Act (LXX of 1973), Ss. 4 & 5. An appeal means removal of a cause from inferior to a superior Court for the purpose of testing soundness of the decision of an inferior Court. It is only continuation of original proceedings and a stage in suit itself. An appellate when delivered stands in the place of original for all legal purposes. It is a statutory right, substantive in nature, which has to be conferred by general or specific law under which the case is being dealt. (b) Jurisdiction -----Cannot be created by compromise nor conferred by agreement or lapse. (c) Service Tribunals Act (LXX of 1973)- --- Ss. 4 & 6 read with Martial Law Regulations Nos. 114 & 116 of 1972 and Constitution of Pakistan (1973), Arts. 212 & 269-Premature retirement of officials under M. L. R. 114-Tribunal, held, competent to exercise appellate jurisdiction in matter and appeal against such retire­ment entertain able-Such jurisdiction, however, hedged and circum­scribed in view of provision of Art. 269 of Constitution-[By Majority­Per G. D. Memon and S: Barkat Ahmad, Members; Muhammad Daud Khan, Chairman Contra]. (d) Interpretation of statutes- -- Frivolous or redundant words --Never 'used in any law least of all Constitutional provisions. Khalid Isahaq for Appellant Syed Mohammad Shahudul Huque for Respondent. ORDER MUHAJNMAD DAUD KHAN (CHAIRMAN).-Compulsory retirement of the appellant from service under Material Law Regulation 114 followed by rejection of his review petition entertain able as per Martial Law Regula­tion 116, has given rise to the present appeal under section 4 read with section 6 of the Service Tribunals Act, 1973. The contention is that while enforcing provisions of aforementioned Martial Law Regulations, competent authority not only lost sight of provisions of the Regulations but was motivated by malice both legal and factual, reflected by hasty formulation of the list including - not only retired officials but some dead ones as well. Several other issues were also agitated, yet…

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