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MRS. SAFIA RASHID MALIK versus THE SECRETARY TO THE GOVERNMENT OF WESTPAKISTAN, EDUCUTION DEPARTMENT,


Punjab Civil Services (Appellate Tribunals) Ordinance 1970 Section 2 (c) and 8 Government Employees Removed from Employment Only under Section 8, the appeal of a public servant was not made by appeal of a public servant only while he was in service. Also filed, but after that no one is able. Upon dismissal of the appeal hearing under S-8, dismissal of the writ petition, filed against the order of removal of service, not required, but directed to reinstate the appeal upon restoration of the status of the appeal.

1971 P L C 113 [C.S.T.]

[Punjab]

Present: S. A. Mahmood, Chairman, Bashir Ahmad Khan

and Ashfaq Ali Khan, Members

MRS. SAFIA RASHID MALIK

Versus

THE SECRETARY TO THE GOVERNMENT OF WEST

PAKISTAN, EDUCUTION DEPARTMENT,

LAHORE AND OTHERS

Case No. 287/251 of 1970, decided on 20th January 1971.

Punjab Civil Services (Appellate Tribunals)

Ordinance (11 of 970), Ss. 2(c) & 8‑Government servant removed from service No more a Government servant‑Appeal under S. 8 competent only by Government servant ‑ Appeal, even though filed while still in service, yet no longer competent after removal from service Postponement of hearing of appeal under S, 8 sine die till decision of writ petition, filed against order of removal from service, held, not desirable but appeal directed to be restored if status of appellant restored.

Appellant in person.

A. G. Humayyun, Government Pleader for Respondent No.1.Inteaar Hussain for Respondent No. 5.

Respondents Nos. 20, 25, 21, 3, 4 and 18 in person.

ORDER

S. A. MAHMOOD (CHMRMAN).‑‑

By Notification, dated 4th December 1970, the appellant has been removed from service with immediate effect on charges of misconduct and corruption stated to have been proved against her. She is no more a Government servant as defined in clause (c) of section 2 of the Punjab Civil Services (Appellate Tribunals) Ordinance, 1970. A As an appeal under section 8 of the Ordinance is only competent, by a Government servant, this appeal is no longer competent though at the time of filing her appeal she was a Government servant.

The appellant has taken steps to remove by writ the order of her removal from service, but her petition has not yet been admitted, and even if it is admitted, it may take many years to decide. Therefore, we do not consider it advisable to g postpone the hearing of this appeal sine die. We dispose of this appeal for the time being to be restored in case the status of the appellant as Government servant is restored. This appeal is, therefore, disposed of as such.

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