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M. SHAFIQ versus SECRETARY TO GOVERNMENT OF PAKISTAN, HOUSING AND ACCOUNTANT-GENERAL


Article 212 (3) Service Tribunals Act (LXX of 1973), Section 4 (1) Proviso (C) Applicant's appeal was denied by the Service Tribunal from time to time but it was rescinded by the Service Tribunal's notice. The unidentified order was approved before July 1st. , 1969 and the Appellant's Appeal was not eligible because of the ban on subsection (1) of Section 4 of the Applicant's Act, which caused the Service Tribunal to dismiss its appeal on the basis set forth above. Authorized court law, which requires a leave of examination
1986 S C M R 1666

Present: Abdul Kadir Shaikh and Zaffar Hussain Mirza, JJ

M. SHAFIE‑‑Petitioner

versus

SECRETARY TO GOVERNEMNT OF PAKISTAN HOUSING AND WORKS/ACCOUNTANT‑GENERAL‑‑Respondent

Civil Petition for Leave to Appeal No. 112‑K of 1986, decided on 4th June, 1986.

(On appeal from the judgment and order of the Federal Service Tribunal, dated 13‑2‑1986 in Appeal No. 4(K) of 1986).

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 212(3)‑‑Service Tribunals Act (LXX of 1973), S.4(1) proviso (c)‑‑Petitioner's appeal dismissed by Service Tribunal as barred by time but it had escaped notice of Service Tribunal that impugned order was passed before 1st July, 1969 and petitioner's appeal was, therefore, not competent due to bar of proviso (c) to subsection (1) of S.4 of Act‑‑Submission of petitioner, that had Service Tribunal dismissed his appeal on aforesaid ground he would have sought relief from competent Court of law, requiring examination‑‑Leave granted.

Petitioner in Person.

Nemo for Respondent.

Date of hearing: 4th June, 1986.

ORDER

ABDUL KADIR SHAIKH, J.‑‑

This is a petition for leave to appeal from the judgment of Federal Service Tribunal, dated 13‑2‑1986 dismissing an appeal filed by the petitioner on the ground that it was hopelessly barred by time.

It has escaped the notice of the Service Tribunal that the impugned order before the Tribunal was passed before 1st July, 1969 and petitioner's appeal was, theref‑e, not competent due to the bar of Proviso (c) to subsection (1) of section 4 of the Service Tribunal Act, 1973. Petitioner, therefore, submits that had the Service Tribunal dismissed his appeal on the aforesaid ground, he would have sought relief from a competent Court of law. We grant leave to examine only this plea.

Appeal will be heard on the present record within two months. It is, however, open to the parties to file additional documents, if any.

M. Y. H. Leave granted.

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