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MALIK FAZAL ABBAS versus SECRETARY TO THE GOVERNMENT OF PUNJAB, EXCISE AND TAXATION DEPARTMENT


Section 5 (2) Constitution of Pakistan (1973), Article 199 Constitutional application challenges the inability of the authorities to comply with the order of the service tribunal petitioner / civil servants, not complying with the order passed by the service tribunal petitioner through the constitutional petition. What was For the purpose of deciding the appeal, within the meaning of section 5 (2) of the Punjab Service Tribunals Act 1974, the Civil Tribunal as a civil court shall issue a proper writ to enforce the order of the service tribunal; Civil Court had all the options. Provided under CPC 36, the CPC provided that all provisions of the CPC relating to the execution of the orders apply to the execution of the orders, as well as to the Civil Tribunal with the Service Tribunal. All the options will be to reach a logical end such as civil court service before that. The Tribunal may enforce / execute its order on the Applicant by alternative and effective treatment before the Service Tribunal, which may be available to him. Under the law, the constitutional petition was not admissible

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