Law: Constitution of Pakistan, 1973

Section: 212(3)

Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 4

(a) Constitution of Pakistan (1973)--Art. 212 (3)---Dismissal of a police official---Leave to appeal was granted to examine as4o whether Deputy Superintendent of Police was at all a necessary party when the allegation was that he was not the Reporting Officer and whether the non-impleading of Deputy Superintendent of Police could entail dismissal of the appeal by Service Tribunal: (b) Punjab Service Tribunals Act (IX of 1974)--- ----S. 4---Service Tribunal has ample powers to direct the appellant to implead any person as a party. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ. ---In this service matter the dismissal of service appeal of the appellant by Punjab Service Tribunal has been brought under challenge. The impugned order reads as follows:-- "Present: Mr. MA. Riaz, Advocate, counsel for the Appellant. Ch. Manzoor Hussain, DA. for Respondents. Heard. Record perused. During hearing it has been pointed out by the learned District Attorney that in the instant appeal the appellant has not impleaded the Reporting Officer as a party, although the Reporting Officer was a necessary party and due to this omission the instant appeal is incompetent 'and not maintainable under the law. This contention of the learned District Attorney is fully substantiated from the record. Consequently the instant appeal being incompetent and not maintainable in its present form is dismissed as such in limine. Announced." Leave to appeal was granted to…

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