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

Section: 4

Law: Martial Law Order, 1977

Section: 23

Punjab Service Tribunals Act (IX of 1974) S. 4 read with Martial Law Order, 1977 [C. M. L. A.'s] No. 23 Review under M. L. O. 23 availing of-No formal/writer withdrawal of appeal pending before Tribunal-Effect-Appeal deemed to have been withdrawn-Availing of remedy of review, held, disentitles appellant to continue with pending appeal.                                                                                                                                            ORDER M. SALEEM CHAUDHRY (CHAIRMAN).-In this appeal the appellant has also availed of the remedy prescribed under M.L.O. 23, which provides as under:- "3. (2) A person referred to in sub-paragraph (1) whose appeal or petition against compulsory removal from service is, on the date of coming into force of this Martial Law Order, pending in a Court or with a Service Tribunal, may submit a Review Petition under that sub-paragraph only after he has withdrawn his appeal or petition from the Court or Service Tribunal, as the case may be. The appellant, however, claims that he did not withdraw his appeal, in writing, therefore, notwithstanding the fact that he availed remedy under M. L. O. 23 vide Review Petition he is entitled to continue the present appeal, He thus pressed to have his appeal decided on merits. After hearing the appellant, we are afraid, we are unable to accept the…