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Service Tribunals Act (LXX of 1973)-- ----S.4(1)---Appeal---Maintainability---Civil servant who was Railway Police officer, was aggrieved of order passed by Establishment Division whereby co­ civil servant was promoted to post of D.I.-G in B-20---Civil servant considering him eligible for such promotion, submitted his Departmental appeal through proper channel to Secretary, Establishment Division, but instead the same was disposed of by a short order without expressing any opinion on merits by Authority in Ministry of Railways, which was not competent to do so--­Departmental appeal filed by civil servant having been decided by incompetent Authority and that too without adverting to merits of case, order passed by Authority was not legal order---Civil servant, in circumstances, could not seek remedy from Service Tribunal and his appeal before Service Tribunal was not maintainable---Service-Tribunal, even otherwise, in matters of promotion and seniority had limited jurisdiction to eligibility of persons as while considering promotion, so many other factors were to be considered---Case was remanded by Service Tribunal for passing appropriate order in circumstances. TIZ-1985 SC L59 AIR 1921 Lah 280; AIR 1941 Lah. 364; AIR 1936 All. 22; AIR 1932 PC 252; AIR 1950 Mad. 711; AIR 1934 Sindh 89; AIR 1934 Born. 16; AIR 1936'Nag. 180 and Aslam Warraich and others v. Secretary, Planning and Development Division and 2 others 121 SCMR 2330 ref. Fazal Elahi Siddiqi for Appellant. Javid Aziz Sandhu, Standing Counsel for the Government. Ch. Rahimuddin on behalf of Muhammad Yawar Ali Khan, Bar-at­-Law alongwith Saeed Ahmad and Zawar Hussain, P.I., D.R. Date of hearing: 3rd August, 1994. JUDGMENT MUHAMMAD ILYAS LODHI (MEMBER).---Appellant, Aurangzeb Khan, filed this appeal against the impugned order dated 25-1-1994 of the Establishment Division wherein respondent No. 5, Maj. (Retd.) Malik Hayat (B-20) was posted as DIG. He filed departmental appeal to the Secretary, Establishment Division through proper channel which was forwarded by the DIG Pakistan Railways on 23-2-1994. His departmental appeal was rejected on 2-4-1994. Hence this appeal on 26-4-1994. 2. Briefly the facts of the…

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