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Civil Petition for Leave to Appeal No, 64‑R of 1983, decided op 3144 October, 1983.

(On appeal from the judgment and order of Federal Service Tribunal Islamabad, dated 24‑2‑1983 in Miscellaneous Application No. 69 of 1983 in Appeal No. 117/R of 1980).

---Art. 185(3)‑Service Tribunals Act (LXX of 1973), S. 4‑Service Tribunals (Procedure) Rules, 1974, r. 19(1)‑Appeal dismissed by Service Tribunal under r. 19(1) for non prosecution‑No plausible argument to set aside order of dismissal of appeal put by petitioner Petition for leave to appeal dismissed.

M. Siddiq Siddiqui, Advocate Supreme Court for Petitioner.

Nemo for Respondent.

Date of hearing: 31st October, 1983.

This petition is directed against the judgment and order of the Federal Service Tribunal Islamabad rejecting Miscellaneous Application No. 69 of 1983 for restoration of Appeal No. 117/R of 1980.

2. Petitioner was dismissed from service. He challenged the dismissal order in Appeal No. 117/R of 1980 before the Service Tribunal which was posted for regular hearing on 28‑11‑1982. Learned counsel Mr. M. S. Siddiqui appeared on the said date and sought adjournment on the ground that he had not been able to contact his client whose ass1stance he would need for the prosecution of appeal. The case, on his request, was adjourned to 13‑12‑1982 and counsel for the parties were informed of this date. However, on 13‑12‑1982 neither the appellant nor his counsel appeared and, consequently, the appeal was dismissed for non‑prosecution under section 19(1) of Service Tribunals (Procedure) Rules 1974. We have beard the learned counsel but he could not put any plausible argument to set aside the impugned order of the learned Tribunal. Accordingly, the petition is dismissed.

M. Z. M. Petition dismissed.

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