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Martial Law Order, 1977 [C. M. L. A's]--- No. 23-Service Tribunals Act (XI of 1974), S. 4-Appeal-Appellant without withdrawing appeal filing review petition and such petition dismissed by Review Board-Tribunal dismissing petitioner's appeal on short ground of his review petition being dismissed by Review Board-Whether order of Review Board without withdrawal of appeal without jurisdiction and whether appellant waived his right of appeal by filing review petition-Questions raised need consideration ­Leave to appeal granted. ORDER KARAM ELAHEE CHAUHAN, J.-The petitioner who at the relevant time, was serving as Sub-Engineer (Overseer) was compulsorily retired from service by the Superintending Engineer (H/Q), Irrigation, Multan. In exercise of the powers conferred on him by section 12(il) of the Punjab Civil Servants Act, 1974 (as amended) by means of his office order dated 31-5-1975. 2. The petitioner filed a departmental appeal before the Chief Engineer on 5-6-1975 (supplemented by further grounds on 30-6-1975)-which it appears remained pending and was never taken up or decided by the Departmental Authority concerned. 3. The petitioner, in the circumstances, filed a statutory appeal being Appeal No. 340/1975, under section 4 of the Punjab Administrative Tribunals Act, 1974 (as amended by Ordinance IX of 1975) before the Punjab Service Tribunal on 24-10-1975 supplemented by further grounds on 9-12-1.975. 4. At this place it may be mentioned that this appeal also remained pending for a considerable ; period. However, on 5-7-1977, Martial Law in the country was imposed and the petitioner filed a petition for review before "a Review Board" under certain Martial Law instructions/directions or order on 14-9-1977. Later, on 22-10-1977 there was gazetted Martial Law Order No. 23 of 1977 which provided that in such cases a Review Petition before a Review Board could be filed provided the civil servant concerned withdrew any appeal which he might have filed elsewhere. On 6-12-1977 the aforesaid Martial Law Order was amended by M. L. O. 26 whereby a new paragraph 8 was added to the original M. L. O. 23 of 1977 which stated that "all actions taken by a Review Board not…

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