Find a Lawyer

Case No. 354 of 1974, decided on 27th November 1974.

‑ S. 4, Proviso(c)-‑Appeal before Tribunal‑Jurisdiction of Tribunal Impugned order gassed before 1‑7‑1969 ‑ Beyond jurisdiction of Tribunal.

Khan Faizullah Flan v. Government of Pakistan P L D 1974 S C 291 Tel.

Ch. Attaullah for Appellant.

‑Learned counsel has argued that this Tribunal is competent to hear the present appeal in so far as this Administrative Tribunal has been constituted under Article 212 of the Constitution as amended by the Constitution (First Amendment) Act of 1974. The proviso (c) to section 4 of the Punjab Administrative Tribunals Act, 1974, however, states that ; "(c) No appeal shall lie to a Tribunal against an order or decision of a departmental authority made at any time before tie 1st July, 1969." It has been held by the Supreme Court in to case of Khan Faizullah Khan v. Government of Pakistan (P L D 1974 S C 291) that this Proviso places a limitation on the jurisdiction of the Tribunal. The impugned order in the present appeal by which the appellant has been dismissed from Government service has been made on the 24th April, 1969. As such this Tribunal has no jurisdiction in respect of this order. The appeal is, therefore, dismissed as being outside the jurisdiction of this Tribunal.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.