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Case No. 132/99 of 1970, decided on 8th December 1970.

(Appellate Tribunals) Ordinance (IV of 1970), Ss. 4 & 12‑Review‑No express powers of renew conferred on Tribunal to review its own order‑Review application, held, not entertain-able.

(b) Punjab Civil Services (Appellate Tribunals) Ordinance (IV of 1970), S. 4 ‑Territorial jurisdiction ‑ Appellant impleading officers and authorities working under Government of N. W. F. P. Tribunal having no jurisdiction over such persons, held, could not entertain application.

An appeal under section 4 of the West Pakistan Civil Services (Appellate Tribunals) Ordi nance, 1969, having been filed by Messrs Manzoor Ahmad, Allah Ditta Baloch and Zafar lqbal Malik against the West Pakistan Province, Director, Excise and Taxation, Peshawar, District Opium Officer, Nowshera, Mr. Habib Ullah, Senior Clerk and Abdul Khaliq, Storekeeper in the office of District Opium Officer, Nowshera, it was dismissed in limine by Mr, Z. A. Chana, one of the Members of the West Pakistan Civil Services (Appellate) Tribunal, duly appointed under the rules to hear the appeal in motion. Thereupon the appellants moved a review application. It was admitted and notices were issued in the review application to the respondents, who have not appeared before us. The question involved in this case is whether this Tribunal has power to review its own order when no express power of review has been conferred on the Tribunal and secondly whether this Tribunal is competent to review an order made by a Member the of West Pakistan Tribunal, since this Tribunal has now been constituted as the Punjab Civil Services, (Appellate) Tribunal, and is governed by the Punjab Civil Services (Appellate Tribunals) Ordinance, 1970. In the absence of express power of review conferred on the Tribunal to review its own order, this power cannot be exercised. The second question presents considerable difficulty.

The third difficulty created in the way of our entertaining the appeal and the review is that Messrs Habib Ullah and Abdul Khaliq and District Excise and Taxation Officer, Peshawar, are no longer under the jurisdiction of this Tribunal. The Director Excise and Taxation, Peshawar is also not controlled by the Board of Revenue, Punjab and there is no Board, of Revenue West Pakistan in existence. Our entertaining the view application would be a futile exercise, because we will not be to make any effective order. The learned counsel for the petitioners merely wants a declaration of seniority over respondents Gents Habib Ullah and Abdul Khaliq to be utilized in case integration takes place again or in case they happen to be transferred to the Punjab, but these eventualities may never materialize. In case they are reposted, it will be open to the petitioners to move this Tribunal to establish their seniority they so chose.

The learned counsel for the petitioners refers us to a press report of the Daily Imroz dated 11th November 1970,to show that the Lahore High Court continued to exercise jurisdiction in the a matter within its jurisdiction before 1st July 1970, as West Pakistan High Court. The principle is established that in an appeal the law applicable on the date of institution of the appeal will continue to apply to it. That is not the hurdle in the why of petitioners. The difficulty is that the constitution and nature of this Tribunal has changed. The Ordinance, under this Tribunal functions has also been re‑enacted and there is the practical difficulty that the respondents are no longer under the jurisdiction of the Tribunal. Any order made by this Tribunal granting relief to the petitioners would be futile.

We, therefore, see no point in entertaining or granting the review. Dismissed.

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