Law: Service Tribunals Act (LXX of 1973).

Section: 4

Service Tribunals Act (LXX of 1973) S. 4 read with C. M. L. As Regin. 58 of 1970-Dismissal under M. L. R. 58 on 12-5-1970-Matter within jurisdiction of Tribunal ---Tribunal has a liability to call for necessary record forming basis of action and examine same for disposal of appeal-Appellant not pursuing any other remedy-Appeal filed within 6 months of establishment of Tribunal-Appeal, held, within limitation period and admitted for hearing. (b) Removal from Service (Special Provisions) Regulation [C. M. L. A.'s 58 of 1970] Para. 3-Initiation of action-Competence of President-Powers of not delegated-President himself persona designata-Notice Deputy Secretary on behalf of Government-Invalid-Sub sequent action not sustainable-Appellant exonerated of all charges by Military Tribunal-Dismissal order passed without any further investigation and without any charge having been established-Dismissal order, in circumstances, set aside and re-instatement with all back service benefits awarded-Service Tribunals Act (LXX of 1973), S. 4. Dates of hearing: 16th and 18th February 1981. ORDER N. A. CHOUDHURY (MEMBER).-The petitioner, Mr. M. R. Shamim, joined the Police Service of Pakistan in March 1952. He was serving as District Officer, Frontier Constabulary, Tank, N. W. F. P., when he was placed under suspension by the Government of Pakistan, under M. L. R. 58. He was eventually dismissed from service on 12-5-70. He filed an appeal before the Service Tribunal under section 4 of the Service Tribunals Act. 1973, on 20-8-1974. The same was dismissed by the Tribunal on 20-11-77, on the Majority view that the Tribunal had no jurisdiction in the matter. The petitioner filed an appeal before the Honourable Supreme Court, which had been remanded to the Service Tribunal vide Civil Petition No. 47 of 1978, along with other identical cases. Their Lordships of the Supreme Court have decided that the Service Tribunal has full jurisdiction under the law to adjudicate this case on full facts and merits. In fact, the Tribunal has a liability to call for all the necessary record which has been taken into account while awarding the punishment to the Officer, and examine the same for the…