Law:

Section:

Service Tribunals Act (LXX of 1973)--S. 4---Constitution of Pakistan (1973), Art. 212(3)---Dismissal of civil servant's appeal for non-prosecution---Service Tribunal refused to restore the same on consideration of material before it and also for the inordinate delay in submitting application for restoration of appeal (which had been submitted after seven years of dismissal of appeal)---Validity---Refusal to restore appeal being based on proper exercise of discretion by Service Tribunal, no interference was called for with the order in question---Leave to appeal was refused in circumstances. JUDGMENT SAEEDUZZAMAN SIDDIQUI, J: --The petitioner is seeking leave to appeal against the order of Federal Service Tribunal, Islamabad, dated 19-1-1993, whereby the learned Tribunal refused to restore to file the appeal of petitioner dismissed for non-prosecution. The appeal was filed by the petitioner on 7-1-1987. It came up for preliminary hearing before the Tribunal on 2-4-1987 but on account of absence of petitioner, it was adjourned to 18-5-1987 with direction to issue notice to petitioner for that date on the address supplied by the petitioner. The notice issued to petitioner for 18-5-1987 was returned by the postal authorities with the endorsement that the petitioner was not living on the given address. In order to ensure that notice is properly served on the petitioner, the Tribunal as an abandon caution directed service of notice additionally through process­server. The process-server who took the notice for service on petitioner for 17-8-1987 also reported that petitioner was not residing on the address given by him. The matter finally came up for preliminary hearing on 2-9-1987 when it was dismissed on account of absence of the petitioner. The petitioner applied for restoration of his appeal on 5-1-1993 but the learned Tribunal refused to restore the same observing as follows:-- "In his affidavit, he has stated that he had no knowledge of the date of hearing of 2-9-1987. Therefore, he could not appear before the Tribunal. He did not receive the notice of appearance nor date was communicated to him try the Advocate. He has stated that only on 2-1-1993 when he…

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