Case Details

Citation(s)
1984 SLG 866 1984 SLD 866 1984 SCMR 1275
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No.151 of 1983, heard on 14-03-1989 (Against the judgment of the Punjab Service Tribunal, dated 13-12-1982 in Case No.88/1558 of 1982)
NASIM HASAN SHAH AND SHAFIUR RAHMAN, JJ

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Agha HUSSAIN NAQVI

VS

. DIRECTOR OF LABOUR WELFARE and others--Respondents

Law:

Section:

Punjab Service Tribunals Act (IX of 1974)-----S.4--Appeal, disposal of--Finding of fact with regard to disposal of departmental appeal recorded by Service Tribunal in conformity with record--Service Tribunal, held, on that finding had no jurisdiction to entertain appeal which was incompetent. Syed Afzal Haider and Abdul Ghaffar Khan, Advocate Supreme Court and Ejaz Ahmad Khan, Advocate-on-Record for Petitioner. S. Abid Nawaz, Advocate-on-Record and Tanvir Ahmed Khan, Asstt. A.-G. for Respondents. Date of hearing: 14th March, 1984. ORDER SHAFIUR RAHMAN, J.-- The petitioner, a former civil servant, seeks leave to appeal under Article 212(3) of the Constitution against the judgment of the Punjab Service Tribunal, dated 13th December, 1982 whereby it was held that his appeal was neither competent nor was it within time. The petitioner was at one time employed as Labor Inspector in the Provincial Government. He was charge-sheeted and an inquiry was held into his conduct of acquiring property beyond his known sources of income and without the permission of the competent authority. When called upon to show cause against disciplinary action on 5th February, 1964, he opted for retirement. He was compulsorily retired from 8th of August, 1964. He preferred a departmental appeal. He moved applications to the Governor in 1981 seeking re-instatement in service whereupon he was told that his case had been examined and the department was unable to accede to his request. He took this to be the final disposal of his matter and challenged the refusal to…
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