Case Details

Citation(s)
1984 SLG 692 1984 SLD 692 1984 SCMR 895
Supreme Court of Pakistan
Civil Petition No. 78-R of 1983, decision dated: 27-03-1984 (From the judgment dated 21-3-1983 of the Federal Service Tribunal passed in Appeal No. 115(R) of 1981)
S. A. NUSRAT AND M. S. H. QURAISHI, JJ

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RAB NAWAZ KHAN

VS

. SECRETARY, MINISTRY OF DEFENCE AND OTHERSÂ-

Law:

Section:

Constitution of Pakistan (1973)-----Art. 212 - Service Tribunals Act (LXX of 1973), S. 4(1) (a)­Civil service-Petitioner's appeal before Service Tribunal dismissed for reasons that his earlier appeal had already been dismissed which dismissal could not be reviewed; appeal was time-barred and was not maintainable for non-compliance of S. 4(1) (a), Service Tribunals Act, 1973-Petitioner not able to meet reasons assigned for dismissal of appeal-Tribunal being justified in holding inter alia that appeal was time-barred, petition for leave to appeal dismissed. Petitioner in person. Munir A. Sheikh, Dy A.-G. with Rao M. Yousaf Advocate-on-Record for Respondents. Date of hearing: 27th March, 1984. ORDER M. S. H. QURAISHI, J.-The service of the petitioner, a Lower Division Clerk in the I. T. D. Organization in the Ministry of Defence, was dispensed with, with effect from 30---1974, on account of 10 % reduction in the Establishment. He preferred an appeal before the Service Tribunal but the same was dismissed as withdrawn on 11-3-1979 as he wanted to apply for review before the Service Review Board under M. L. O. No. 23 His petition for review was, however, rejected by the competent authority on 5-6-1979 against which he Moved this Court through C. P. S. L. A. No. 157/R of 1979 but as the same was found to be incompetent, it was returned to him in order that he may seek remedy in the proper forum. Instead of going to the Tribunal, the petitioner filed a writ petition before the Lahore High Court which was ultimately dismissed in 1tmine on 29-4-1981, though in consequence of an interim order passed therein he was allowed to rejoin the I. T. D. Organization and he continues to work there even now. He challenged the dismissal of his writ petition before this Court in C. P. S. L.…
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