Pakistan Case Law
1987 SCMR 433

MUHAMMAD ILYAS Versus CHIEF CONSERVATOR OF FORESTS, SOUTHERN ZONE, MULTAN

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Citation1987 SCMR 433
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 666 of 1986
Date1986-10-18
Judge(s)Muhammad Afzal Zullah and S. A. Nusrat
Authored byS.A. Nusrat
ResultPetition dismissed

ORDER

S.A. NUSRAT, J.‑‑ The service appeal of the petitioner was allowed and the order of his removal from service was set aside on the technical ground that the impugned order was not passed by the competent authority. The learned Service Tribunal has ordered the re‑instatement of the petitioner in service leaving it open to the competent authority to proceed afresh against him if so desired strictly in accordance with the rules.

2. It was contended by the learned counsel for the petitioner that the direction for proceeding afresh in the matter was not warranted. We do not find any substance in the contention. The petitioner's appeal was accepted on technical ground without going into the merits of the case. The legal proposition that the Tribunal could not issue such direction is untenable.

The petition is, therefore, dismissed.

M.I. /4423/S Petition dismissed.

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