Law:

Section:

Service Tribunal (Procedure) Rules, 1974------R. 19(3)---Withdrawal of appeal---Restoration---Appeal filed by civil servant was dismissed by Service Tribunal as withdrawn---Civil servant filed miscellaneous application requesting that as commitment made by Authority in view of which appeal was withdrawn, having not been fulfilled by Authority, order dismissing appeal passed by Service Tribunal was not in accordance with law which could be recalled and appeal be restored---Service Tribunal, no doubt could restore appeal under R. 19(3) of Service Tribunal (Procedure) Rules, 1974 in case it was dismissed for non-prosecution, but it had no power to review its own order---Civil servant was present in person at time of hearing of appeal and it was on his statement that same was dismissed as withdrawn appeal could not be restored in circumstances---Miscellaneous application filed by civil servant being misconceived, was dismissed. S.A. Rizvi v. Pakistan Atomic Energy Commission and another 1986 SCMR 965 and Federation of Pakistan and another v. Lt.-Col. Fateh Khan 1986 SCMR 808 ref. JUDGMENT ABDUL RAZZAK A. THAHIM (CHAIRMAN). ---Appellant Mr. Sa'ad Sharif is presently working as Secretary, National Police Foundation. He filed Appeal No. 361(R) of 1995 wherein he challenged the order dated 15-8-1995 passed by the Managing Director, National Police Foundation with the result that he was not given desk work and cases were submitted direct to the Managing Director, by passing him, in violation of the established office procedure/decorum. When the appeal came up for preliminary hearing on 9-10-1995, the appellant sought permission to withdraw the appeal in view of the office order dated 5-10-1995, and a Bench of the Tribunal passed the following order: ".. The appellant wishes to withdraw the appeal in view of the office order dated 5-10-1995 which has been placed on record by the appellant. Request for withdrawal is allowed and consequently appeal is dismissed as withdrawn." The appellant has now come before this Tribunal by way of this Miscellaneous Application No. 46/96 with the request that the commitment made by the department has not been fulfilled, therefore, the…

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