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Civil Petition No. 837 of 1979, decided on 11th‑March, 1980.
(On appeal from the order dated 12‑4‑1979 of the Punjab Service Tribunal in application for restoration of Appeal No. 325/1.22 of 1.974).
‑‑-No. 23‑Service Tribunals Act (XI of 1974), S. 4 and Constitution of Pakistan (1973), Art. 185‑Leave to appeal‑Leave to appeal granted in similar case to consider whether appeal filed before Tribunal deemed to have been withdrawn because of filing of review petition before Review Board and whether review not competent without withdrawal of appeal‑Point involved similar in this petition‑Leave to appeal granted.
Petitioner in person.
Nemo for Respondents.
Date of hearing : 11th March, 1980.
Leave to appeal is sought from the order dated 12‑4‑1979 of the Punjab Service Tribunal, whereby a service appeal filed by the petitioner was "deemed to have been withdrawn because he had filed a review petition under M. L. O. 23 where under a review was not competent without withdrawal of the appeal, Reliance has been placed on Muhammad Yousaf v. The Chief Engineer" Irrigation(1982 S C M R 476). Leave to appeal was granted in the said case in similar circumstances as in the present case. We allow this petition and grant leave to appeal in this case also.
Security Rs. 1,000.
Appeal to be prepared on the present record with liberty to the parties to file additional documents.
Leave granted.
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