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Petitioner: SECRETARY TO GOVERNMENT OF THE PUNJAB VS Respondent: BASHIR AKHTAR SAHI
1998 S C M R 434
1998 S C M R 434
[Supreme Court of Pakistan]
Present: Zia Mahmood Mirza and Khalil-ur-Rehman Khan, JJ
SECRETARY TO GOVERNMENT OF THE PUNJAB---Petitioner
versus
BASHIR AKHTAR SAHI---Respondent
Civil Petition for Leave to Appeal No.20/L of 1997, heard on 18th March, 1997.
(On appeal from the judgment and order of the Punjab Service Tribunal, Lahore, dated 5-12-1996 in Appeal No. 1774 of 1996).
Service Tribunals Act (LXX of 1973)---
----S.4---Constitution of Pakistan (1973), Art.212(3)--Order passed by Service Tribunal, suspending operation of impugned order of Government ---Validity-- Order passed by Service Tribunal was subject to notice for which date was fixed by Service Tribunal---No one for the Government appeared before Service Tribunal on specified date---Government was advised to approach Service Tribunal for seeking recall of interim order---Petition for leave to appeal was dismissed in circumstances.
Muhammad Anwar Ghuman, Advocate Supreme Court and Rao Muhammad Yusuf Khan, Advocate-on-Record for Petitioner.
Maqbool Ilahi Malik, Advocate Supreme Court and Mahmoodul Islam, Advocate-on-Record for Respondent.
Date of hearing: 18th March, 1997.
ORDER
ZIA MAHMOOD MIRZA, J.---This petition is directed against an interim order passed by the Service Tribunal on 5-12-1996 whereby operation of the Order, dated 22-8-1996 impugned before the Tribunal was suspended. The order of the Tribunal was subject to notice and the next date of hearing was fixed on 14-1-1997. We have asked the learned counsel as to what orders were passed by the Tribunal on 14-1-1997. He is unable to make any statement. Learned counsel appearing for the caveator, however, points out that no one for the Government appeared before the Tribunal on 14-1-1997. That being so, petitioner should better approach the Service Tribunal and seek the recall of the interim order. With this observation, this petition is dismissed.
A.A./S-100/S Petition dismissed