Law:

Section:

Punjab Service Tribunals Act (IX of 1974)--- ----S. 4---Civil Procedure Code (V of 1908), S. 115---Revisional jurisdiction of High Court, exercise of---Petitioner filed suit against order of suspension which was decreed by Trial Court but dismissed by Appellate Court on the ground that proper forum to agitate the matter was Service Tribunal---Appeal of employee filed against dismissal order was already dismissed by Service Tribunal and then by Supreme Court---In absence of any illegality, material irregularity or jurisdictional error in and decree of Court below, discretionary revisional power, held, could not be exercised in favour of petitioner. Date of hearing: 2nd February, 1991. JUDGMENT Abdul Rauf petitioner was lower division clerk in the office of Engineer Stores Depot, Lahore Cantt. He was suspended on 18-2-1974. Feeling aggrieved thereby, he filed a suit for declaration to the effect that the order of his suspension was illegal, void and without jurisdiction, because the same was not renewed after every three months according to the relevant law. The suit was decreed ex parte. The Government of Pakistan, respondent, filed an appeal, which was accepted by the learned Additional District Judge on 7-6-1977 on the ground of lack of jurisdiction of the trial Court to entertain the suit. The learned Appellate Court was of the view that the petitioner being a civil servant should have approached the Service Tribunal, hence this revision. 2.…

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