ASHIQ HUSSAIN Versus ALLIED BANK OF PAKISTAN LTD

This is an appeal/petition for direction to the respondent to take the appellant/petitioner back on duty in pursuance of judgment, dated 11‑7‑1984 of this Tribunal.

2. The facts of the case are that the appellant/petitioner was dismissal from service on the charge of embezzlement and a criminal case wits also brought against him. His grievance petition for reinstatement was dismissed but appeal was accepted and the appellant/plainer was directed to be reinstated in service without back benefits. The respondent reinstated the appellant/petitioner in compliance with the order of this Tribunal and sent notice to him to resume duty. The appellant/petitioner was in ail serving 2 years' awarded to him in the embezzlement case. The appellant/pctilioner informed the respondent to the effect that he on account of serving punishment was not in a position to resume duty and requested for deferring the resumption of his duty. The respondent vide order dated 10‑9‑1984 terminated the service of the appellant/petitioner on the ground that the post could not be kept vacant for indefinite period. The appellant/petitioner did not challenge this order. Since the order dated 11‑7‑1984 recorded by this Tribunal was complied with by reinstating the appellant/petitioner and directing him to resume duty, no further direction can be issued. In the presence of the order of termination from service no direction to the respondent can be issued to take back the appellant/petitioner on duty. The appeal/petition being misconceived is filed.

A.E./421/Lb.P'

Petition filed