ZAFAR IQBAL vs M.G.O., M.G.O. BRANCH, GHQ RAWALPINDI and 3 others

' SAIDUZZAMAN SIDDIQUI, J.---The petitioner is seeking leave to appeal against the judgment of the Federal Service Tribunal dated 4-5-1994 whereby the service appeal filed by the petitioner was dismissed on the ground that the Service Tribunal had no jurisdiction in the matter.

2. The relevant facts of the case are that the petitioner though senior to the private respondents in the petition was denied promotion by the Departmental Authority. After exhausting the departmental remedies the petitioner approached the Service Tribunal with the following prayer:- "It is therefore prayed that this Honourable Court may be please to accept the appeal and direct the respondent No, 1 to promote the appellant on the basis of seniority."

The learned Service Tribunal dismissed the appeal by the petitioner holding that in view of the bar contained in section 4(1) of the Service Tribunals Act, 1973 the Tribunal has no jurisdiction to go into the question of fitness or otherwise of a civil servant to hold a particular post. It is quite clear from reading of order of the Service Tribunal that the petitioner was denied promotion by the Departmental Promotion Committee on the ground that he was not found fit for promotion on account of certain entries in his ACRs, The question of promotion being excepted from the jurisdiction of the Tribunal under section 4(1) of the Service Tribunal the learned Service Tribunal rightly declined to go into the question raised before it. The petition is accordingly dismissed and leave is refused.