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Civil Appeal No. K-2 of 1978, decided on 22nd January, 1980.

(On appeal from the judgment and order of the Service Tribunal, dated 4-12-1977 in Appeal No. 628/1974). .

Removal from Service (Special Provisions) Regulation [58 of 1969]-

Para 3. read with Constitution of Pakistan (1973), Art. 270 (1) (3) and Validation of Laws Act (LXIII of 1975), Sched.-Government servant-Removal from service-Appeal-Petitioner adopting submissions made in P L D 1980 S C 22 on .question of jurisdiction of Service Tribunal in matter of appeal preferred by him and contending to have been removed from service without any justification-For reasons given in P L D 1980 S C 22 appeal accepted and appeal filed by petitioner remanded to Service Tribunal for disposal on merits-Service Tribunals Act (LXX of 1973), S. 4.

Appellant in person.

Irshad Hassan Khan, Deputy Attorney-General for Pakistan assisted by S. M. Shahud-ul-Hague, Standing Counsel instructed by Fazal-i-Hussain, Advocate-on-Record for Respondents.

Date of hearing : 5th November, 1979.

ANWARUL HAQ, C. J.-This appeal, by the leave of the Court, under Article 212 of the Constitution, is directed against an order made by the Service Tribunal, Government of Pakistan at Islamabad, dated the 4th of December, 1977, by which the appeal filed by the appellant against the order of his dismissal under M. L. R. 58 of 1969 was dismissed for want of jurisdiction.

The appellant was a member of an All India Class-I Service, and at the relevant time was serving on deputation with the Water and Power Development Authority as Resident Representative at Karachi for Stores. On 7-10-1968, lie was given two years extension by the Government of Pakistan. It is stated that on 7-10-1969, the Review Committee allowed him to continue in service, but he was suspended the very next day under M. L. R. 58, and ultimately dismissed on the 2nd of May, 1970.

Apart from adopting the submission made in M. Yamln Qureshi v. Islamic Republic of Pakistan and another (PLD1980SC22), on the question of the jurisdiction of the Service Tribunal in the matter of appeal preferred by the appellant, he has further contended that as he was a central employee he could not be removed by the Provincial Government. He submits that he had all along served the Government faithfully and honestly and there was no justification whatsoever for his dismissal under M. L. R. 58.

For the detailed reasons given by us in P L D 1980 S C 22 we would accept this appeal with costs, set aside the order of the Tribunal, and direct that the appeal filed by the appellant be expeditiously disposed of on merits.

S. A. H. Appeal allowed.

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