| Citation(s) |
|---|
| 1989 SLG 1132 1989 SLD 1132 1989 PLC 144 |
Federal Service Tribunal, Islamabad
Appeal No.122(R) of 1985
SYED ALLY MADAD SHAH, CHAIRMAN, SALAHUDDIN CHAUDHRI AND MISHAH ULLAH KHAN, MEMBERS
Appeal No.122(R) of 1985
SYED ALLY MADAD SHAH, CHAIRMAN, SALAHUDDIN CHAUDHRI AND MISHAH ULLAH KHAN, MEMBERS
Appeal No.122(R) of 1985MUHAMMAD KHUSROvsINSPECTOR-GENERAL OF POLICE, ISLAMABADAppeal No.297(R) of 1985S. TASLIM HUSSAINvsMEMBER (ADMINISTRATION), CENTRAL BOARD OF REVENUE, ISLAMABADAppeal No.302(R) of 1985SALEEM AKHTAR BUTT vsMILITA
Law:
Section:
Appeals Nos. 122(R), 297(R) and 302(R) of 1985, 81(R), 192(R), 298(R), 3 36(R) and 423(R) of 1986, 109(R), 330(P) and 340(R) of 1987 and 38(R) and 49(R) of 1988. Per Ally Madad Shah, Chairman, Misbah Ullah Khan, Member agreeing and (Salahuddin Choudhry, Member (contra)-- (a) Service Tribunals Act (LXX of 1973)-- ---S. 3(3) & 3(7) & 4--Government Servants (Efficiency and Discipline) Rules, 1973, R. 4(a)--Appeal--Jurisdiction--Appeal filed against order of a departmental authority imposing minor penalty envisaged in cl. (a), R 4 of Government Servants (Efficiency and Discipline) Rules 1973--Two forums for appeals against orders of c1epartnianta? authorities imposing departmental punishments or penalties on civil, servants--In case of major penalties Appeal would lie to a Tribunal referred to in S. 3(3) of Act and in any other case which impliedly included orders imposing minor penalty to a Tribunal referred to in subsection (7) of S. 3 of the Act--to absence of a Tribunal referred to in subsection (7) of S, 3 of Service Tribunals Act, there would be no appellate forum in cases of minor penalties imposed by departmental authorities but that vacuum would not confer appellate jurisdiction on a Tribunal referred to in subsection (3) of S. 3 of the Act which was meant for appeals in case of major penalties-Appeals against orders of minor penalties, hell, would not lie to Service Tribunal. P L D 1967 Dacca 216; P L D 1903 S C 382; P L D 1083 S i.' it>"?; 198'2 S C M R 583; P L D 1981 Ouetta 58; 1986 S C M R 18 and Mian Amanul Mulh v. N.-W.F.P. P L D 1981 Posh. 1 ref. (b) Interpretation of statutes-- ---Where two meanings could be attributed to a provision in law, one advancing remedy would have to be preferred. (c) Interpretation of statutes-- --- Provision could not be read in isolation--Entire law is to be read as one instrument. Appellant in person (in Appeal No.122(R) of 1985). Muhammad Amir Akbar Khan for Respondents (in Appeal No.122(R) of 1985). Fazal Elahi Siddiqi for Appellant (in Appeal No.297(R) of 1985). Muhammad Amir Akbar Khan alongwith Ashiq Hussain, Second Secretary for Respondents (in Appeal No.297(R) of 1985). M.S. Siddiqi for Appellant…
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