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PERVEZ KHAN versus PAKISTAN


Article 212 (3) Service Tribunals Act (LXX of 1973), Section 4 Civil Services Tribunal The fact that the applicant was not a civil servant was not available to justify interference to the tribunal.

1984 S C M R 1052(2)

Present : Muhammad Afzal Zullah and M. S. H. Quraishi, JJ

Shahzada PERVEZ KHAN‑Petitioner

Versus

PAKISTAN THROUGH SECRETARY, MINISTARY OF DEFENCE AND ANOTHER‑Respondents

Civil Petition for Special Leave to Appeal No. 490 of 1983, decided on 13th November, 1983.

(On appeal from the judgment of Federal Service Tribunal, dated 7‑4‑1983 in Appeal No. 27(R) of 1982).

Constitution of Pakistan (1973)---

‑‑ Art. 212(3)‑Service Tribunals Act (LXX of 1973), S. 4‑Civil services‑Finding of fact by Tribunal that petitioner was not a civil servant‑No material available to justify interference with finding reached by Tribunal‑Leave to appeal refused.

Ch. Sadiq Muhammad Warraich, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate‑on‑Record for Petitioner.

Nemo for Respondents.

Date of hearing: 13th November, 1983.

ORDER

MUHAMMAIZ AFZAL ZULLAH, J

.‑The challenge in this petition arising out of a disciplinary action, is to a finding of fact by a Service Tribunal that the petitioner was not a civil servant hence his so‑called service appeal was not competent.

Learned counsel is unable to give the scale of pay, if any; the order of appointment of the petitioner or subsequent transfer of the petitioner allegedly as a civil servant. That being so, there is no material to justify interference with the finding reached by the Tribunal. This petition accordingly is dismissed.

S. Q. Petition dismissed.

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