Law:

Section:

(a) Civil Servants Act (LXXI of 1973) S. 4 read with Service Tribunals Act (LXX of 1973) and Constitu¬tion of Pakistan (1973), Art. 212(2) Bar to entertainment of proceedings or grant of injunctions or orders Extends only in respect of such matters to which jurisdiction of Service Tribunal is extended Service Tribunal does not possess jurisdiction to hear appeal or to entertain any proceedings at instance of Government. [Civil services Jurisdiction]. (b) Civil Procedure Code (V of 1908) S. 151 Applicant having withdrawn his appeal on account of misconception of law seeking to avoid order of dismissal of appeal after a lapse of 12 years Held, unjust to allow S. 151 to be utilized for such purposes. [Appeal (civil). Mirza Abdul Ghafoor Baig v. The Registrar, Joint Stock Companies P L D 1976 Kar. 85 ref. JUDGMENT The present application has been made by the appellants by invoking the provisions of section 151, C. P. C. to set aside an order of abatement of this appeal dated 2 10 1973. I have heard Hamid Hussain, Advocate for the appellants and Mr. A. K. M. Idris, Advocate for the respondents. 2. The brief facts of the case are that the respondent Nafisul Hassan Shah was a civil servant and had been dismissed by the concerned functionary in the Department of Investment, Promotion and Supplies. It is stated on either side that the dismissal took place on a date prior to 1 7 1969. The respondent filed a suit before the VI Civil Judge 1st Class, Karachi, and the same was decreed. An appeal was then preferred by the appellant and the same was dismissed by the IV Additional District Judge, Karachi. Being aggrieved by such concurrent orders, the present appellant filed this IInd appeal in August. 1969. The Civil Servants Act was passed in 1973 in pursuance of the provisions contained in Article 212 of the Constitution. Section 4 of the said Act provides for a civil servant aggrieved by any final order by a Departmental Authority, to file an appeal before the Services Tribunal. By an amendment it was provided that the Services Tribunal Act would not apply to a person removed before 1 7 1969. On 2 10 1973 when this appeal came up before Mr. Justice G. K. Shaikh, Mr. Hamid…

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