Law:

Section:

Punjab Service Tribunals Act (IX of 1974)-------S. 5(2)---Constitution of Pakistan (1973), Art.212(3)---Petitioner had assailed order passed by Service Tribunal whereby his miscellaneous application for re-consideration of Tribunal's earlier decision, dismissing his appeal against order of his dismissal from service, had been dismissed as being not maintainable---Petitioner had pleaded that previously fraud and misappropriation was played on Service Tribunal at time of passing the order dismissing his appeal against order of his dismissal from service and that Tribunal had jurisdiction under S.12(2), C.P.C. to withdraw/recall its previous order---Validity---Plea of petitioner had no force, firstly because order dismissing appeal of petitioner had shown that no fraud or misrepresentation was played upon the Tribunal; secondly miscellaneous application in question was not moved under S.12(2), C.P.C.---Petition for leave to appeal having no merit, was dismissed, in circumstances. Asad Ali Khan v. Chairman Pakistan Telecommunication Corporation, Islamabad and 2 others 1998 PLC (C.S.) 588 ref. Mirza M. Aziz-ur-Rehman, Advocate Supreme Court for Petitioner. Nemo for Respondents. ORDER M. JAVED BUTTAR, J.---The petitioner through this petition under Article 212(3) of the Constitution of the Islamic Republic of Pakistan, 1973, has assailed the order, dated 1-6-2004 passed by the Punjab Service Tribunal, Lahore whereby the petitioner's miscellaneous application for re-consideration of the Tribunals' earlier decision dated 10-12-2001, dismissing the petitioner's appeal against the order, dated 25-1-2001 of dismissal form service has been dismissed, as being not maintainable. 2. The petitioner was appointed as PTC Teacher on 10-8-1993. A show-cause notice dated 28-6-2000 was issued alleging that his appointment was against merit and he was dismissed from service by the Authority on 25-1-2001. The departmental representation remained undecided. The petitioner, filed an appeal against the dismissal order before the Service Tribunal which appeal, as mentioned above, was dismissed by the Tribunal on 10-12-2001. The matter was not agitated further before this Court. Hence, the…

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