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Case No. 349/1750 of 1982, decided on 3rd May, 1983.
---‑S. 4 (1) (a)‑Appeal 'before Tribunal‑Maintainable only after availing departmental remedy ‑ Appeal against dismissal for misconduct‑Remedy of departmental appeal provided by respective rules not availed of‑Tribunal, in circumstances, held, had no jurisdiction and appeal, held, not maintainable.
Appellant in person.
A. G. Humayun, District Attorney for Respondent.
Munshi Muhammad Ayub ex‑Patwari, Circle Kot Lakha Singh, Tehsil Narowal, District Sialkot has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, against the order dated 26-6‑1982 passed by the Collector. Narowal, District Sialkot.
2. By virtue of this appeal he has prayed that the impugned order be set aside and he be re‑instated in service. ‑‑.
3. Brief facts of the case are that the appellant was served with a show‑cause notice for wilful absence and arrogant behaviour. The learned Assistant Commissioner/Collector heard him in person and after going through the facts of the case dismissed him from service. He did not file any appeal before the Commissioner which was must for him.
3. In this case the learned counsel for the appellant has chosen to absent himself for the last three hearings as he reportedly remained before the High Court. Even today, the learned counsel for the appellant is absent and has sent an application seeking an adjournment once again. The appellant is present in person. We have heard the appellant as well as the learned District Attorney and have perused the record very carefully with their assistance.
4. The case is liable to be dismissed on one legal flaw i.e., that the appellant has failed to file an appeal before the Commissioner which was imperative for him and thus this Tribunal has no jurisdiction to hear this case as the same is barred under section 4 (1) (a) of the Punjab Service Tribunals Act, 1974. The result is that we dismiss the appeal as this Tribunal has no jurisdiction to look into the matter as discussed above.
Appeal dismissed.
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