2008 PLP (C (PLC(CS))
MUHAMMAD AKRAM KHAN Versus DISTRICT AND SESSIONS JUDGE, RAHIM YAR KHAN and others
| Citation | 2008 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Faqir Muhammad Khokhar and Karamat Nazir Bhandari, JJ |
| Parties | MUHAMMAD AKRAM KHAN Versus DISTRICT AND SESSIONS JUDGE, RAHIM YAR KHAN and others |
| Primary Law | Punjab Service Tribunals Act (IX of 1974) |
Q1: What are the key laws and sections cited in 2008 PLP (C (PLC(CS))?
This judgment primarily cites: Punjab Service Tribunals Act (IX of 1974) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Faqir Muhammad Khokhar and Karamat Nazir Bhandari, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP (C (PLC(CS)) (MUHAMMAD AKRAM KHAN Versus DISTRICT AND SESSIONS JUDGE, RAHIM YAR KHAN and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----S. 4---Constitution of Pakistan (1973), Art.212(2)---Failure to deposit process fee in appeal---Appeal filed by petitioner was dismissed by the Service Tribunal for failure to deposit the process fee---Contention of counsel for petitioner was that petitioner was not aware of the procedure of the Tribunal for the deposit of fee and the direction given in that regard---Validity---Appeal having been filed by petitioner through the counsel, compliance of directions, could not be avoided even if counsel then appearing before the Tribunal had not informed the petitioner---Impugned order of the Tribunal being unexceptionable, petition against said order was dismissed.
- Zahid Hussain Khan, Advocate Supreme Court for Petitioner.
- Nemo for Respondents.
- Date of hearing: 7th December, 2005.
Headnotes / Summary
(On appeal from the judgment, dated 23-7-2003 passed by the Punjab Service Tribunal, Lahore in Appeal No.2021 of 2002).
Judgment & Decree
FAQIR MUHAMMAD KHOKHAR, J.-- The petitioner seeks leave to appeal from judgment, dated 23-7-2003, passed by the Punjab Service Tribunal, Lahore, in Appeal No.2021 of 2002.
2. The service appeal of the petitioner was dismissed by the Tribunal on 11-10-2002 for failure to deposit the process fee. Therefore, the petitioner moved Civil Miscellaneous No.495 of 2003 on 21-6-2003 for restoration of the appeal on the ground that he was prepared to deposit the process fee. The Tribunal dismissed the same by the impugned order, dated 23-7-2003.
3. The learned counsel argued that the petitioner was not aware of the procedure of the Tribunal' for the deposit of the fee and the directions given in that regard. We find that the appeal .was filed by the petitioner through a learned counsel. Therefore, the compliance of the directions could not be avoided even if the learned counsel then appearing before the Tribunal had not informed the petitioner. The impugned order of the Tribunal is unexceptionable.
4. For the foregoing reasons, we do not find any merit in this petition which is dismissed and leave to appeal is refused accordingly. H.B.T./M-25/SC Petition dismissed.