1985 PLP (C (PLC(CS))
ABDUL HAKEEM KHAN Versus SECRETARY TO GOVERNMENT OF PUNJAB, FINANCE DEPARTMENT AND ANOTHER
| Citation | 1985 PLP (C (PLC(CS)) |
| Forum / Court | Service Tribunal Punjab |
| Bench Members | N/A |
| Parties | ABDUL HAKEEM KHAN Versus SECRETARY TO GOVERNMENT OF PUNJAB, FINANCE DEPARTMENT AND ANOTHER |
| Primary Law | Punjab Service Tribunals Act (IX of 1974)‑ |
Q1: What are the key laws and sections cited in 1985 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 1985 PLP (C (PLC(CS))?
The case was heard and decided by the Service Tribunal Punjab bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1985 PLP (C (PLC(CS)) (ABDUL HAKEEM KHAN Versus SECRETARY TO GOVERNMENT OF PUNJAB, FINANCE DEPARTMENT AND ANOTHER). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Faiz Ahmad Khan Rai for Appellant.
- A.‑G. Humayun, District Attorney for Respondents.
Headnotes / Summary
‑‑S. 4 ‑ Appeal before Tribunal ‑ Exhausting all departmental remedies before filing appeal‑Mandatory‑Appeal against adverse remarks‑No representation for expunction made ‑ Appeal, in circumstances, held, not entertainable hence dismissed.
Judgment & Decree
A.‑G. Humayun, District Attorney for Respondents. S. ABDUL JABBAR KHAN (CHAIRMAN).‑ Abdul Hakeem Khan, Treasury Officer presently working as Instructor, Punjab Audit and Accounts Training Institute, Lahore, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Secretary, Government of the Punjab, Finance Department, Civil Secre tariat, Lahore and the Deputy Commissioner, Gujrat, as respondents.
2. By virtue of this appeal he has prayed that the adverse remarks, for the period from 25th August, 1981 to 30th December, 1981, be expunged.
3. Brief fact's of the case are that the appellant was conveyed adverse remarks for the period 25th August, 1981 to 30th December, 1981, vide office order, dated 4th October, 1982. The appellant filed no representa tion for expunction of said remarks before the next higher authority and has straightaway come in appeal before this Tribunal.
4. Learned District Attorney has raised a preliminary objection that the appeal of the appellant would not be entertainable as provision of section 4 of the Punjab Service Tribunals Act, 1974, bars such remedy.
5. We have called upon the learned counsel for the appellant to satisfy this Tribunal on this point, whether this appeal would be entertain able in view of the failure of the appellant to comply with the mandatory pro vision of section 4 of the Punjab Service Tribunals Act, 1974, learned counsel for the appellant has not been able to satisfy us on this point and has conceded that the appellant has not filed any representation for the expungment of the adverse remarks before the next higher authority.
6. The language of section 4 calls upon a civil servant who is aggrieved by an original order, to exhaust all sorts of remedies so available to him and then come before this Tribunal against the order so passed in the said case. What we find is that in the present case the appellant has failed to comply with the mandatory provision of section 4 of the Punjab Service Tribunals Act, 1974, therefore, we have no alternative but to dismiss the appeal on this legal ground. The appeal is dismissed accordingly. A. E. Appeal dismissed.