Law:

Section:

(a) Constitution of Pakistan (1973)---Art. 212(3)--Punjab Service Tribunals Act (IX of 1974), S.4--Leave to appeal granted to consider, inter alia, that appeal before Tribunal was not competent because under S.4, Tribunal could hear only from orders passed by departmental authority. (b) Provisional Constitution Order (1 of 1981)-- ---Art. 15(2)--Punjab Service Tribunals Act (IX of 1974), S.4(1)-­Martial Law Instruction No.21--Appeal before Service Tribunal-- Competency--Services terminated because of being not fit to be retained in service by Review Board constituted under Martial Law Instruction No.21--Such order of termination by Review Board, held, could not be challenged under S.4(1) before Service Tribunal--Constitution of Review Board or orders thereof could not be challenged under Art. 15(2), Provisional Constitution Order, 1981. JUDGMENT MIAN BURHANUDDIN KHAN, J.-- Leave was granted by this Court, vide order, dated 12-12-1981, to consider, inter alia, that the appeal before the learned Tribunal was not competent because under section 4 of the Punjab Service Tribunals Act (IX of 1974) the learned Tribunal could hear appeals only from orders passed by a departmental authority. 2. The respondent was appointed as Inspector of Police on ad hoc basis vide order of the Inspector-General, Police dated 17-9-1976. He completed, his training at .the Police Centre Chuharkana and later on at the Police Training College, Sihala, Martial Law Instruction No.21 pertaining to the regularization of adhoc appointments war, promulagated on 7-8-1977 and the respondent's case was taken up for scrutiny his services were terminated on 13-9-1977.This was notified in the Police Gazette of Multan Range in September, 1977. Hereafter the respondent preferred a petition to the Martial Law Administrator Zone-A for review of the decision terminating his service. The review petition was decided on 18-3-1978 wherein it was stated, "It has been decided by the Martial Law Administrator, Punjab, Zone-A to re-instate him as Assistant Sub-Inspector of Police with immediate effect subject to the proviso mentioned below. "the intervening period will be treated as extraordinary leave or any…

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