| Citation(s) |
|---|
| 1971 SLG 3104 1971 SLD 3104 = 1971 PLC 6 |
Punjab High Court
Case No. 132/99 of 1970, decided on 8th December 1970.
Presented By: S. A. Mahmood, Chairman, Bashir Ahmad Khan And, Ashfaq Ali Khan, Members
Case No. 132/99 of 1970, decided on 8th December 1970.
Presented By: S. A. Mahmood, Chairman, Bashir Ahmad Khan And, Ashfaq Ali Khan, Members
MANZOOR AHMAD AND 2 OTHERS
VERSUS
WEST PAKISTAN PROVINCE THROUGH THE MEMBER (EXCISE AND TAXATION), BOARD OF REVENUE, WEST PAKISTAN, LAHORE AND 4 OTHERS
Law:
Section:
(a) Punjab Civil Services (Appellate Tribunals) Ordinance (IV of 1970), Ss. 4 & 12-Review-No express powers of renew conferred on Tribunal to review its own order-Review application, held, not entertain-able. (b) Punjab Civil Services (Appellate Tribunals) Ordinance (IV of 1970), S. 4 -Territorial jurisdiction - Appellant impleading officers and authorities working under Government of N. W. F. P. Tribunal having no jurisdiction over such persons, held, could not entertain application. ORDER S. A. MAHMOOD (CHAIRMAN).--An appeal under section 4 of the West Pakistan Civil Services (Appellate Tribunals) Ordi nance, 1969, having been filed by Messrs Manzoor Ahmad, Allah Ditta Baloch and Zafar lqbal Malik against the West Pakistan Province, Director, Excise and Taxation, Peshawar, District Opium Officer, Nowshera, Mr. Habib Ullah, Senior Clerk and Abdul Khaliq, Storekeeper in the office of District Opium Officer, Nowshera, it was dismissed in limine by Mr, Z. A. Chana, one of the Members of the West Pakistan Civil Services (Appellate) Tribunal, duly appointed under the rules to hear the appeal in motion. Thereupon the appellants moved a review application. It was admitted and notices were issued in the review application to the respondents, who have not appeared before us. The question involved in this case is whether this Tribunal has power to review its own order when no express power of review has been conferred on the Tribunal and secondly whether this Tribunal is competent to review an order made by a Member the of West Pakistan Tribunal, since this Tribunal has now been constituted as the Punjab Civil Services, (Appellate) Tribunal, and is governed by the Punjab Civil Services (Appellate Tribunals) Ordinance, 1970. In the absence of express power of review conferred on the Tribunal to review its own order, this power cannot be exercised. The second question presents considerable difficulty. The third difficulty created in the way of our entertaining the appeal and the review is that Messrs Habib Ullah and Abdul Khaliq…