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MUHAMMAD MUNIR BHATTI versus SECRETARY TO GOVERNMENT PUNJAB HOME DEPARTMENT


Punjab Administration (Service) Tribunals Act 1974 Section 4, Proviso (a) read with Punjab Civil Servants Act (VII of 1974). Appeal before tribunal's motion before the next higher authority available under section 21 (2), Appeal not used before the Punjab Civil Servant Act 1974 Tribunal, in the circumstances, not authorized, not competent

1976 P L C [C. S. T.] 15(1)

[Punjab]

Present: Saad Saood Jan. Chairman, Khalid Farooq Akbar and Ashfaq Ali Khan, Members

MUHAMMAD MUNIR BHATTI

Versus

SECRETARY TO GOVERNMENT PUNJAB HOME DEPARTMENT

Case No. 490 of 1974, decided on 18th November 1974.

Punjab Administrative Tribunals Act (IX of 1974)‑

---S. 4, Proviso (a) read with Punjab Civil Servants Act (VIII of 1974) Appeal before Tribunal ‑ Right of agitation before next higher authority available under S. 21(2), Punjab Civil Servants Act, 1974 not exercised‑Appeal before Tribunal, in circumstances, held, not competent.

Afzal Ahmad Qureshi for Appellant.

ORDER

SAAD SAOOD JAN (CHAIRMAN).‑

The appellant wishes to challenge the order dated 23‑7‑1974 made by the D.I.G. of Police, Special Branch, Lahore. Now under subsection (2) of section 21, Civil Servants Act, the appellant has right to agitate against this order before the next higher authority. He has not done so. As such, this appeal is not competent in view of paragraph (a) of the proviso to section 4, Punjab Administrative Tribunals Act. This appeal is miec3nceived and is hereby dismissed in limine.

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