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Petitioner: ABDUL HAKEEM KHAN VS Respondent: SECRETARY TO GOVERNMENT OF PUNJAB, FINANCE DEPARTMENT
1985 P L C (C
1985 P L C (C.S.) 815
[Service Tribunal Punjab]
Present : S. Abdul Jabbar Khan, Chairman and Abdul Hamid Chaudhry, Member
ABDUL HAKEEM KHAN
versus
SECRETARY TO GOVERNMENT OF PUNJAB, FINANCE DEPARTMENT AND ANOTHER
Case No. 893/1147 of 1984, decided on 11th March, 1985.
Punjab Service Tribunals Act (IX of 1974)‑
‑‑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.
Faiz Ahmad Khan Rai for Appellant.
A.‑G. Humayun, District Attorney for Respondents.
JUDGMENT
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.