1991 PLP (C (PLC(CS))
MUHAMMAD SALEEM KHAN Versus SECRETARY, FOOD and 2 others
| Citation | 1991 PLP (C (PLC(CS)) |
| Forum / Court | Service Tribunal Azad Jammu and Kashmir |
| Bench Members | Sardar Muhammad Sajawal Khan, Chairman and Raja Muhammad Ashraf Kayani Member |
| Parties | MUHAMMAD SALEEM KHAN Versus SECRETARY, FOOD and 2 others |
| Primary Law | Azad Jammu and Kashmir Service Tribunals Act (XXII of 1975) |
Q1: What are the key laws and sections cited in 1991 PLP (C (PLC(CS))?
This judgment primarily cites: Azad Jammu and Kashmir Service Tribunals Act (XXII of 1975) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP (C (PLC(CS))?
The case was heard and decided by the Service Tribunal Azad Jammu and Kashmir bench comprising: Sardar Muhammad Sajawal Khan, Chairman and Raja Muhammad Ashraf Kayani Member.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP (C (PLC(CS)) (MUHAMMAD SALEEM KHAN Versus SECRETARY, FOOD and 2 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Rafique Mahmood for Appellant.
- Syed Karamat Din Gillani for Respondents.
- "19. -- (1) If on the date fixed for hearing of appeal or on any subsequent date to which the hearing may be adjourned, the appellant or his Advocate is not present before the Tribunal, the Tribunal may proceed to hear the other party and decide the same;"
Headnotes / Summary
S. 4
Azad Jammu and Kashmir Service Tribunal Rules, 1976, R. 19(1)-- Appeal
Appeal was pending before Service Tribunal consisting of both Chairman and Member but appeal was dismissed for non-prosecution by an interim order passed by Chairman of Tribunal singly
Held, interim order by Chairman was not passed in accordance with Azad Jammu and Kashmir Service Tribunal Rules, 1976, R. 19(1)
Appeal was thus ordered to be re-entered on its original number.
Judgment & Decree
Syed Karamat Din Gillani for Respondents. RAJA MUHAMMAD ASHRAF KAYANI (MEMBER).-- This is an application for restoration of the appeal entitled Muhammad Saleem v. Azad Government and others which was dismissed for non-prosecution on 5-10-1986. The appeal against Order No. Admin-2(77)D.F-/84/53-9549, dated 20-10-1984 by which the petitioner/appellant was removed from service, was admitted for regular hearing on 1-4-1985 and the file was fixed for arguments on 8-5-1986. The appeal was dismissed in default because of the continued absence of the appellant till 5-10-1986.
2. The above petition for restoration of the appeal was objected to by tile non-petitioner as time-barred and without any sufficient reason.
3. We have given our consideration to the arguments advanced and have perused the record. The interim order dated 5-10-1986, whereby the appeal was dismissed for non-prosecution, was passed by the then learned Chairman of this Tribunal single handed whereas the appeal was pending for disposal before the Tribunal consisting of both the Chairman and the Member. Under sub-rule (1) to Rule 19 of the Azad Jammu and Kashmir Service Tribunal Rules, 1976 the Tribunal is alone competent to pass the order and the Chairman or a Member of the Tribunal does not have the powers to dismiss an appeal single handed. The relevant rule is reproduced below:-- "19. -- (1) If on the date fixed for hearing of appeal or on any subsequent date to which the hearing may be adjourned, the appellant or his Advocate is not present before the Tribunal, the Tribunal may proceed to hear the other party and decide the same;" It is thus amply clear from the bare reading of the foregoing sub-rule that the impugned interim order has not been passed in accordance with the aforesaid Rule. The question of limitation, if any, is immaterial in the circumstances. In this view of the matter the interim order dated 5-10-1986, is set aside.
4. The appeal shall be re-entered on its original number. Notices to the counsel for parties and to come up for arguments on 27-1-1990. M.Y.H./89/SrA Case remanded.