NAZ HASSAN TEHERANI versus SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD
The Service Tribunals Act 1973 Section 4 Residata, Applied Principles of Appeal filed by a Government Employer, was challenged on the question of Res Judeta that the cause of action in the first appeal filed by a public servant was legality. The original order was challenged and the decision was not made on merits, but was rejected on the basis of the legality of eliminating departmental remedies, while the present appeal was based primarily on a new cause of action. Thi fresh appeal is the new basis and in spirit compliance. Earlier in the appeal, the legal decision was not resolved in the best way, removing the legal weakness, the components needed to attract the justice court's principle were not available.
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