Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-------S. 5---Constitution of Pakistan (1973), Art. 212(3)---Powers of Service Tribunal---Leave to appeal was granted to consider whether the Service Tribunal was right to direct payment of salary to civil servant during the period he remained absent from duty as also whether the circumstances of the case justified the conversion of civil servant's removal from service to that of compulsory retirement. (b) Service Tribunals Act (LXX of 1973)--S. 5---Powers of Service Tribunal---Scope---Scope of appeal before Service Tribunal against the order of Departmental Authority under S. 5, Service Tribunals Act; 1973 is very wide and all questions of law and facts arising therein are open to be gone into by the Service Tribunal---Service Tribunal, therefore, while hearing such an appeal has full power to confirm, alter, set aside or modify the order` of Departmental Authority, keeping in view the facts and circumstances of case and to meet the ends of justice---While -scope of appeal before Supreme Court is very limited, the only limitation on finding on a question of fact by Service Tribunal is that it should satisfy the test of reasonableness. Provision of section 5, Service Tribunals Act, 1973 confers wide power on Service Tribunal to confirm, set aside, vary or modify the order appealed against. Unlike ordinary litigants who have access to ordinary Courts in the country to seek redress of their grievance, a Government servant is debarred from taking his grievance relating to the terms and conditions of his service before any Court. Such a grievance of civil servant is exclusively triable by a Tribunal established under the provision of Article 212 of the Constitution of Islamic Republic of Pakistan. No doubt an appeal against the order of Tribunal set up under Article 212 lies to-Supreme Court but such an appeal is very limited in scope as provided in sub-clause (3) of Article 212. In view of the exclusive nature of appellate jurisdiction exercised by the Service Tribunal in respect of dispute relating to terms and conditions of service of a civil servant and the limited scope of appeal before Supreme Court against the order of…

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