1986 PLC(CS) 663

In the appeal captioned above an application has been, given on behalf of the respondent for the rejection of the grievance petition of the appellant on the ground that it having been presented by the lawyer and not by the appellant himself, its presentation was improper.

2. In reply to the said miscellaneous application it is contended by the appellant that he had appeared alongwith his counsel on the date of presentation of the grievance petition and had been appearing in person on subsequent dates, but by mistake the learned lower Court may not have recorded his presence. Without affording opportunity to prove and disprove the fact if the appellant was present with his counsel or had he within limitation appeared in person to pursue the grievance petition, the question cannot be resolved. For this purpose the case shall have to be remanded after setting aside the impugned decision, so that parties may produce evidence on the point. Both the counsel have agreed to it.

3. As a result, the appeal is accepted and setting aside the impugned decision, the case is remanded with the direction that the case be redecided after recording finding if the presentation of the grievance petition was proper or not.

A. E.

Appeal accepted.