Case Details

Citation(s)
1984 SLG 625 1984 SLD 625 1984 SCMR 740
Supreme Court of Pakistan
Civil Petition No. 509-R of 1983, decision dated: 6-02-1984 (On appeal from the judgment and order dated 26-04-1980, passed by the Federal Service Tribunal, Islamabad, in Appeal No. 45-R of 1981)
MUHAMMAD HALEEM, ACTG. C.J. ANDMIAN BURHANUDDIN KHAN, JJ

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MUQARRAB KHAN NIAZIer

VS

. SECRETARY, MINISTRY OF INFORMATION AND others--Respondents

Law:

Section:

Constitution of Pakistan (1973)---Art. 212(3)-Corporation Employees (Special Powers) Ordinance (XIII of 1978), S. 3 read with Services Tribunals Act (LXX of 1973), S. 4-Appeal-Limitation-Petitioner not receiving any communication in regard to disposal of his departmental representation-Held, appeal, in such case to be filed within 120 days from date of lodging of repre­sentation-Leave to appeal refused.-[Limitation]. Kh. M. Y. Saraf, Advocate Supreme Court instructed by Ch. Karam Elahi Bhatti, Advocate-on-Record for the Petitioner. Maulvi Sirajul Haq, Senior Advocate Supreme Court instructed by M. Afzal Siddiqi, Advocate-on-Record for Respondent No. 2. Nemo for Respondents Nos. 1 and 3. Date of hearing: 6th March, 1984. ORDER MUHAMMAD HALEEM, ACTG. C. J.---The petitioner herein challenges his reversion from the post of "Senior Broadcast Engineer" to the post of "Broadcast Engineer" pursuant to the exercise of powers under section 3 of the Corporation Employees (Special Powers) Ordinance, 1978. This order is dated the 3rd of December, 1978. The petitioner was promoted to the post of Senior Broadcast Engineer on some date between 1st of January, 1972 and 5th of July, 1977 which appa­rently was irregular although no reason was assigned for his reversion. The petitioner thereupon sent a representation against this order on the 14th of December, 1978, but as no decision was taken, be sent a petition on the 3rd of September, 1980 to the President and the Chief Martial Law Admi­nistrator. He was informed by letter dated the 21st of January. 1981, by the C. M. L. A's. Office that his departmental appeal was rejected on the 27th March, 1980. Lastly, be filed an appeal on the 9th of February, 1981, before the Federal Service Tribunal, Islamabad, which was dismissed on…
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