Law:

Section:

(a) Constitution of Pakistan (1973)--Art.212(3)---Leave to appeal was granted to consider whether Service Tribunal was justified in converting removal of civil servant from service into retirement without first determining question of limitation involved in the case for which case was remanded by Supreme Court to the Service Tribunal; and that removal of civil servant from service was converted into retirement without a finding that removal of civil servant from service was mala fide. (b) Service Tribunals Act (LXX of 1973)--- ----S.4---Constitution of Pakistan (1973), Art.212(3)---Civil servant---Removal from service converted into retirement from service in post remand proceedings by Service Tribunal although case had been remanded for deciding question of limitation and then deciding the same in accordance with law---Validity---Conversion of removal of civil servant from service unto his retirement being a decision on merits same could not be given by Service Tribunal without first addressing itself to the question of limitation involved in the case---Case having been remanded to Service Tribunal for deciding question of limitation and then disposing of same in accordance with law, Service Tribunal was bound to first address itself .to the question of limitation, before entering into the merits of case---Case was thus, remanded to Service Tribunal, once again, for disposal according to law. Ahsan Ali and others v. District Judge and others PLD 1969 SC 167 and Muhammad Buta v. Habib Ahmed PLD 1985 SC 153 rel. (c) Service Tribunals Act (LXX of 1973)--- ----S.4---Reduction of quantum of punishment---Jurisdiction of Service Tribunal---Civil servant's willingness not to press his appeal if Service Tribunal was willing to consider his request with regard to reduction in the quantum of punishment was not enough to vest Service Tribunal with jurisdiction to deal with appeal of civil servant in a summary manner unless the department concerned who was respondent before it also agreed to the course adopted by Service Tribunal---Course adopted by Service Tribunal to decide civil servant's appeal in a summary manner at his request alone was thus, not warranted by law.…

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