| Citation(s) |
|---|
| 1986 SLG 883 1986 SLD 883 1986 SCMR 1434 |
Supreme Court of Pakistan
Civil Petition No. 26 of 1978, decision dated: 22-01-1980. (On appeal from judgment and order of the Service Tribunal (Central), dated 20-11-1977 in Appeal No. 628(2) of 1974).
ANWARUL HAQ, C.J., ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND NASIM HASAN SHAH, JJ
Nemo. Irahad Hassan Khan, Deputy Attorney-General for Pakistan and S.M. Shahudul Haq instructed by Fazal-i-Hussain, Advocate-on-Record.
Civil Petition No. 26 of 1978, decision dated: 22-01-1980. (On appeal from judgment and order of the Service Tribunal (Central), dated 20-11-1977 in Appeal No. 628(2) of 1974).
ANWARUL HAQ, C.J., ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH AND NASIM HASAN SHAH, JJ
Nemo. Irahad Hassan Khan, Deputy Attorney-General for Pakistan and S.M. Shahudul Haq instructed by Fazal-i-Hussain, Advocate-on-Record.
Malik IFTIKHAR ALI
VS
PAKISTAN through Secretary to Government of Pakistan Establishment DivisioN
Law:
Section:
Constitution of Pakistan (1973)-----Arts. 212 & 270--Service Tribunals Act (LXX of 1973), S. 4-Jurisdiction--Service Tribunal dismissing appeal of petitioner on grounds that its jurisdiction stood ousted by validation provisions contained in clause (4) of Art. 270 of Constitution--- View taken by Tribunal as to ouster of its jurisdiction, held, was not correct--Petition converted into appeal and appeal was accepted by setting aside order of Tribunal dismissing service appeal--Tribunal was directed to dispose of appeal of petitioner on merits on all questions of law and facts. ORDER ANWARUL HAQ, C.J.--Petitioner Malik Iftikhar Ali was selected by the Federal Public Service Commission in 1949 as an officer of the General Administrative Reserve. He rose to the rank of Deputy Secretary to the Government of West Pakistan, and was serving on deputation with NIPA, Lahore, as Senior Instructor, when he was suspended from service under M.L.R. 58. on the 7th of December, 1969. Later he was served with a charge-sheet, to which he duly replied, and also appeared before a Military Tribunal. Eventually he was dismissed from service on the 2nd of March, 1970. He filed an appeal before the Service…
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