1989 PLP 1608 (SCMR)

JAVID IQBAL, J.‑‑This appeal is directed against the judgment of the Punjab Service Tribunal, Lahore dated 25th October, 1987 whereby appeal of the present appellant was dismissed. Briefly the facts are that the appellant joined the Police Department on 22nd January, 1981 as constable. He qualified the course at P.R.T.C. but was implicated in a criminal case under section 221/225‑A, P.P.C. whereupon the Superintendent of Police Multan (respondent No.3) after issuing notice to him under section 6(3) of the Punjab Police (Efficiency and Discipline) Rules, 1975 dismissed him from service. Thereafter, the appeal as well as revision filed by the appellant against his dismissal order were rejected by Deputy Inspector General of Police, Multan Range (respondent No.2) and, by the Inspector General of Police Punjab (respondent No.]) respectively. Subsequently the appellant filed a petition before the Punjab Service Tribunal, Lahore challenging the orders of his dismissal passed by the respondents. The appellant filed the appeal before the proper forum but as he had not got it drafted from any counsel but as submitted by him was drafted by a Head Clerk, the appeal was mis-described as petition under Article 9 of the Provisional Constitution Order 1981. Again before the Tribunal the appellant was not represented by any counsel but appeared in person. But the Tribunal vide its impugned judgment dismissed the same as misconceived and incompetent only on the ground that the petition under Article 9 of the Provisional Constitution Order was not competent before the said Tribunal and that the Tribunal only had jurisdiction to hear the appeals under section 4 of the Punjab Service Tribunal Act, 1974. Leave was granted in this case to examine whether the Tribunal was justified in dismissing the petition before it on the sole ground that the same was to not filed under proper provisions of law. The appellant before us again has appeared in person and is not represented by any counsel. On the other hand Mr. M. Nawaz Abbasi, Assistant Advocate‑General, who is appearing for the respondents has conceded before us that the Code of Civil.tt Procedure is applicable in the matters dealt with by the Service Tribunal. Under section 153 of the Code of Civil Procedure a general power to amend is granted to the Court hearing any matter. It runs as follows: "

153. The Court may at any time, and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit; and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending B on such proceedings." Under the above provision the Tribunal could have treated the petition of the appellant as yin appeal and proceeded to decide it on merits instead of dismissing it as incompetent merely because it was a petition drafted in the form of a petition under Article 9 of the Provisional Constitution Order. Since this is the position, the appeal is allowed and the case is remanded to the Punjab Service Tribunal, Lahore for fresh decision on merits. There shall be no order as to costs. M.A.K./I‑78/5 Case remanded.