Full Judgment Text & Judicial Ruling

2008 P L C (C

2008 P L C (C.S.) 219

[Supreme Court of Pakistan]

Present: Faqir Muhammad Khokhar and Karamat Nazir Bhandari, JJ

MUHAMMAD AKRAM KHAN

Versus

DISTRICT AND SESSIONS JUDGE, RAHIM YAR KHAN and others

Civil Petition No.2455-L of 2003, decided on 7th December, 2005.

(On appeal from the judgment, dated 23-7-2003 passed by the Punjab Service Tribunal, Lahore in Appeal No.2021 of 2002).

Punjab Service Tribunals Act (IX of 1974)---

----S. 4---Constitution of Pakistan (1973), Art.212(2)---Failure to deposit process fee in appeal---Appeal filed by petitioner was dismissed by the Service Tribunal for failure to deposit the process fee---Contention of counsel for petitioner was that petitioner was not aware of the procedure of the Tribunal for the deposit of fee and the direction given in that regard---Validity---Appeal having been filed by petitioner through the counsel, compliance of directions, could not be avoided even if counsel then appearing before the Tribunal had not informed the petitioner---Impugned order of the Tribunal being unexceptionable, petition against said order was dismissed.

Zahid Hussain Khan, Advocate Supreme Court for Petitioner.

Nemo for Respondents.

Date of hearing: 7th December, 2005.

JUDGMENT

FAQIR MUHAMMAD KHOKHAR, J.-- The petitioner seeks leave to appeal from judgment, dated 23-7-2003, passed by the Punjab Service Tribunal, Lahore, in Appeal No.2021 of 2002.

2. The service appeal of the petitioner was dismissed by the Tribunal on 11-10-2002 for failure to deposit the process fee. Therefore, the petitioner moved Civil Miscellaneous No.495 of 2003 on 21-6-2003 for restoration of the appeal on the ground that he was prepared to deposit the process fee. The Tribunal dismissed the same by the impugned order, dated 23-7-2003.

3. The learned counsel argued that the petitioner was not aware of the procedure of the Tribunal' for the deposit of the fee and the directions given in that regard. We find that the appeal .was filed by the petitioner through a learned counsel. Therefore, the compliance of the directions could not be avoided even if the learned counsel then appearing before the Tribunal had not informed the petitioner. The impugned order of the Tribunal is unexceptionable.

4. For the foregoing reasons, we do not find any merit in this petition which is dismissed and leave to appeal is refused accordingly.

H.B.T./M-25/SC Petition dismissed.

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