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Petitioner: MUKHTAR AHMAD VS Respondent: DEPUTY INSPECTOR-GENERAL OF POLICEHonorable Justice Khilji Arif HussainMian Mahmood Hussain,Riaz Ahmed
[Supreme Court of Pakistan]
Present: Khilji Arif Hussain and Mian Saqib Nisar, JJ
MUKHTAR AHMAD---Petitioner
Versus
DEPUTY INSPECTOR-GENERAL OF POLICE and others---Respondents
C.P. No. 2014-L of 2010, decided on 21st June, 2011.
(On appeal from the judgment dated 23-9-2010 of the Federal Service Tribunal, Lahore passed in Appeal No. 277(L)CS of 2002).
Service Tribunals Act (LXX of 1973)---
----S. 4---Constitution of Pakistan, Art. 212(3)---Appeal---Powers of Service Tribunal---Scope---Tribunal in absence of parties could not decide appeal on merit---Principles.
Mian Mahmood Hussain, Advocate Supreme Court for Petitioner.
Riaz Ahmed, DSP (Legal) for the Respondents.
Shahid Mobeen, Additional A.-G. on Court's Call.
Date of hearing: 21st June, 2011.
ORDER
KHILJI ARIF HUSSAIN, J.---It is contended by the learned counsel for the petitioner that no opportunity of hearing has been given to the petitioner; that notice of absence was not served upon the petitioner and that the Tribunal misdirected by holding that his departmental appeal was barred by time.
2. The learned Additional Advocate-General, frankly stated and rightly so that in the absence of the parties the Tribunal cannot decide the appeal on merit.
3. After hearing the learned counsel for the parties and going through the material available on file, we convert this petition into appeal and allow. The impugned judgment passed by the Federal Service Tribunal is set aside and the matter is remanded for decision afresh strictly in accordance with law after hearing the parties.
S.A.K./M-57/SC Case remanded.