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Case No. 417 of 1982, decided on 4th December, 1983.
‑‑ Ss. 2(b) & 4 read with Pakistan Railway Police Act (VII of 1977), Ss. 3 & 5‑Jurisdiction of Punjab Service Tribunal‑Limited to Civil servants of Province'‑Member of Pakistan Railway Police‑Not a Provincial civil servant‑His remedy lies with Federal Service Tribunal and not before Punjab Service Tribunal.
Haroon‑ur‑Rashid Cheema, D. A. for Appellant,
‑Stanlay Lawrence has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 against the order of his dismissal and has impleaded the D. I.‑G. Railway Police, Railway Headquarper, Lahore District, Lahore and Maazoor Khan. Superintendent Railway Police, Lahore Division, Lahore as respondents.
2. By virtue of this appeal he prayed that he may be re‑instated in service and the impugned order be set aside.
3. At the stage of preliminary hearing the objection has been raised by the District Attorney assisted by the representative of the Department that the appellant being a member of Railway Police Service would be for all purposes a civil servant in the employment of the Central Government, therefore his appeal would not be maintainable before this Tribunal.
4. We have adjourned this case for several times to give chance to the appellant and his counsel to argue this legal issue before us but despite various adjournments this issue was never defended.
5. We called this case several times during the course of the day and the appellant who is present before us has again demanded a short adjournment for the said purpose.
6. We have satisfied ourselves by referring to sections 3 and 5 of Pakistan Railway Police Act of 1977 and find that according to these two sections, the appellant is not a civil servant of the Province and thus would be not entitled to file an appeal before this Tribunal. His remedy lies with the Federal Service Tribunal of Pakistan.
7. We hereby dismiss this appeal as non‑maintainable with costs.
A. E. Appeal dismissed.
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