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Case No. 541/2003 of 1982, decided on 12th June, 1983.

‑‑‑S.4‑‑Appellant invoking Tribunal's jurisdiction during pendency of his appeal before departmental authority‑‑Appellant, held, should first exhaust remedy before departmental appellate authority which was directed to dispose of matter within a month.

Masud Ahmad Riaz for Appellant.

A.G. Humayun, District Attorney for Respondents.

.‑‑ Khurshid Alam, A.S.I. No. 240/S, Faisalabad has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the Senior Superintendent of Police, Faisalabad and the Deputy Inspector- General of Police, Faisalabad Range, Faisalabad as respondents.

2. By virtue of this appeal the appellant has prayed that the impugned order, dated 24‑10‑1982 be set aside and the appellant be restored to list 'E' and also be directed to be re‑instated as Sub‑Inspector with full benefits of pay and allowances.

3. The appellant, Mr. Khurshid Alam, has been removed from list 'E' and reverted in response of order, dated 24‑10‑1982 against which he has made an appeal to the appellate authority i.e. D.I.‑G., Faisalabad Range, Faisalabad on 31‑10‑1982 which is still pending. Hence this appeal.

4. We have heard the parties. Detailed arguments were put forwarded by the learned counsel for the appellant and also by the learned District Attorney. During the hearing of this case, this fact has emerged out that the anneal of the appellant against the impugned order is still pending before the appellate authority i.e. D.I.‑G., Faisalabad Range, Faisalabad which has also been admitted by the respondent No.1 at Serial No. 8, page 3 of the parawise comments submitted on this appeal by him which is reproduced as under:‑

"His appeal is pending decision before the appellate authority i.e. D.I.‑G./FR, Faisalabad and the appeal under reference may not be entertained till he has exhausted all departmental remedies. "

5. Keeping the above facts in view, we agree with the respondent and direct that the appellant should first exhaust the remedy of his appeal from the departmental appellate authority and then he should invoke jurisdiction of this Tribunal. The Deputy Inspector‑General of Police, Faisalabad Range, Faisalabad is, therefore, directed to dispose of the appeal of the appellant within one month from date of the issue of the judgment and if the appellant is not satisfied with the decision of the appellate authority then he can approach to this Tribunal under section 4 of the Punjab Service Tribunals Act, 1974.

6. In view of the above, the appeal is disposed of in the terms of the order as above.

There will be no order as to costs.

M. I. Order accordingly.

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