Case Details

Citation(s)
1980 SLG 3011 = 1980 SLD 3011 = 1980 PLC 23
Service Tribunal Punjab
Appeal No. 875/493 of 1974, decided on 22nd April, 1979.
Presented By: M. Saleem Chaudhry, Chairman and Khalid Faruq, Member
Masud Ahmad Riaz for Appellant. A. G. Humayun, Government Pleader for
Respondent.

MUHAMMAD ALAMGIR KHAN

VERSUS

PROVINCE OF THE PUNJAB

Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 8

(a) Punjab Service Tribunals Act (IX of 1974) S. 8, ProvisoLimitationAbatement automatic by operation of lawNo order of Court necessaryAbatement effective on date of establishment of Tribunal (2271974)Each day of limitation must be explainedAbatement order's copy available within prescribed limitation of 010 daysAppellant, held, after receipt of copy of abatement order, could avail of reasonable period and not a period of 90 days as a matter of rightAppeal filed on 10121974, held, timebarred and merits dismissal. PLD 1976 S C 195 rel. (b) Punjab Service Tribunals Act (IX of 1974) S. 8, provisoLimitationDelay contested on ground that impugned order having been passed by incompetent authority ab initio voidOrder passed by Superintend of PoliceContention that authority competent to pass impugned order D. I.G. of Police Order confirmed in appeal by D. I.G.Contention, in circumstances, rejected because infirmity in order of Superintendent of Police stood validated. P L D 1965 Kar. 100 ; P L D 1970 Lah. 811 and 1978 N L R 105, ref. P L D 1972 Lah. 682 and Ismail v. S. A. M. Khan and others P L D 1965 S C 399 rel. (c) Civil service ProbationerDischarge ofCan be made without recourse to departmental proceedings.                                                                                                     JUDGMENT M. SALEEM CHAUDHRY (CHAIRMAN).This appeal by an exAssistant SubInspector of Police, is directed against the order of Superintendent of Police, Lyallpur (now Faisalabad) dated 1521971, and the Deputy InspectorGeneral of Police, Sargodha Range, dated 1671971, and the order of the Inspectorgeneral of Police, Punjab, dated 13111971 discharg ing him from service and rejecting his appeal and revision, respectively. The appellant in the first instance, challenged the departmental orders by a Writ Petition No. 900/1972, before the Lahore High Court which was declared to have abated on 1771974. The appellant…
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