Law:

Section:

Punjab Subordinate Judiciary Service Tribunal Act (XII of 1991)-------S. 5---Constitution of Pakistan (1973), Art.212(3)---Service Tribunal had misread the evidence on record---Courts/Tribunals, were duty bound to decide the case after judicial application of mind---Appeal, tin circumstances, was accepted and impugned of the Service Tribunal was set aside by the Supreme Court with direction that case would be deemed to be pending adjudication before the Service Tribunal, which would be decided by the Tribunal afresh after affording opportunity of hearing to all concerned. Mrs. Bilquis Begum's case 2003 PLC (C.S.) 187; K.M. Sohel's case 2001 PLC (C.S.) 1253 and Gouranga Mohan Sikdar's case PLD 1970 SC 158 rel. Farooq Zaman Qureshi, Advocate Supreme Court and Nazar Hussain, Deputy Registrar for Appellant. Respondents: Ex parte. ORDER CH. IJAZ AHMED, J.--- The appellant/petitioner sought leave to appeal against the judgment of the Punjab Subordinate Judiciary Service Tribunal, dated 25-7-2003. The petition was fixed before this Court on 1-12-2003 and leave was granted and operation of the judgment was also suspended. 2. The service of the respondent has already been effected. Mr. Walayat Umar Advocate-on-Record had filed power .of attorney wherein it was mentioned that Mr. Muhammad Saeed Ansari, Advocate Supreme Court would appear on behalf of the respondent. The case appeared in the regular cause list at Serial No.2. The name of the Advocate-on-Record and Advocate Supreme Court appeared in the cause list. Despite repeated calls no body entered appearance on behalf of the respondent, therefore, we have no other option left except to decide the case ex parte against the respondent in his absence. 3. The learned counsel for the appellant has also mentioned subsequent events after leave granting by this Court. The respondent had attained the age of 60 on 30-11-2006. The pensionary benefits in terms of original order had been deposited by the appellants in his account. The learned counsel for the appellant submits that learned Service Tribunal had erred in law to accept the appeal of the respondent on the ground that all the allegations mentioned in para.3(1) against…

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