1976 PLP [C (PLC(CS))
MUHAMMAD TUFAIL Versus SECRETALY TO GOVERNMENT PUNJAB, C. & W. DEPARTMENT
| Citation | 1976 PLP [C (PLC(CS)) |
| Forum / Court | 1976 P L C C. S. T. 16 |
| Bench Members | Saad Saood Jan, Chairman, Khalid Farooq Akbar and Ashfaq Ali Khan, Members |
| Parties | MUHAMMAD TUFAIL Versus SECRETALY TO GOVERNMENT PUNJAB, C. & W. DEPARTMENT |
| Primary Law | Punjab Administrative Tribunal Act (IX of 1974)‑ |
Q1: What are the key laws and sections cited in 1976 PLP [C (PLC(CS))?
This judgment primarily cites: Punjab Administrative Tribunal Act (IX of 1974)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1976 PLP [C (PLC(CS))?
The case was heard and decided by the 1976 P L C C. S. T. 16 bench comprising: Saad Saood Jan, Chairman, Khalid Farooq Akbar and Ashfaq Ali Khan, Members.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1976 PLP [C (PLC(CS)) (MUHAMMAD TUFAIL Versus SECRETALY TO GOVERNMENT PUNJAB, C. & W. DEPARTMENT). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Attaullah for Appellant.
Headnotes / Summary
‑ S. 4, Proviso(c)-‑Appeal before Tribunal‑Jurisdiction of Tribunal Impugned order gassed before 1‑7‑1969 ‑ Beyond jurisdiction of Tribunal. Khan Faizullah Flan v. Government of Pakistan P L D 1974 S C 291 Tel.
Judgment & Decree
SAAD SAOOD JAN (CHAIRMAN).‑Learned counsel has argued that this Tribunal is competent to hear the present appeal in so far as this Administrative Tribunal has been constituted under Article 212 of the Constitution as amended by the Constitution (First Amendment) Act of 1974. The proviso (c) to section 4 of the Punjab Administrative Tribunals Act, 1974, however, states that ; "(c) No appeal shall lie to a Tribunal against an order or decision of a departmental authority made at any time before tie 1st July, 1969." It has been held by the Supreme Court in to case of Khan Faizullah Khan v. Government of Pakistan (P L D 1974 S C 291) that this Proviso places a limitation on the jurisdiction of the Tribunal. The impugned order in the present appeal by which the appellant has been dismissed from Government service has been made on the 24th April, 1969. As such this Tribunal has no jurisdiction in respect of this order. The appeal is, therefore, dismissed as being outside the jurisdiction of this Tribunal.