1. GHULAM RASOOL SHAIKH (CHAIRMAN).--This is an appeal against the order passed on a Review Petition filed under M. L. O. 23.
2. The Appellant was Radio Diagnostician in Chandika Medical College Hospital, Larkana and was in Grade-18. He was said to have committed some misconduct by entering into conspiracy to issue a false certificate of a person who was never admitted as indoor patient and was required in some criminal case. A show-cause notice dated 2-2-1977 was served upon the appellant on tire basis of some enquiry made by the Anti-Corruption Police. He submitted an explanation which was not found satisfactory. Consequently the Chief Minister by order dated 31-3-1977 dismissed the appellant from service, The dismissal orders is said to have been served on 4-4-1977. The appellant submitted a review petition to the Chief Minister on 25-4-1977 and it was acknowledged on 26-4- 1977.
3. The appellant also filed an appeal in this Tribunal on 18-1-1978 as the review application made to the Chief Minister was not decided. Subsequently an appeal filed in this Tribunal was withdrawn with an inten--tion to file an appeal against the final order to be passed by the Chief Minister.
4. However in the meantime M. L. O. 23 was promulgated and a choice wag given to the aggrieved Government servants to either perused the remedy already pending or withdraw the appeal or review still pending and seek the remedy by filing a review petition under M. L. O.
23. In pursuance of this review petition under M. L. O. 23 was filed. Indeed it has not been made clear in the appeal as to whether the review petition filed to the Chief Minister was withdrawn or not.
5. The Review Board after considering the grievance made in the review petition sent the recommendation to the Martial Law Administrators, Zone. `C' who was the competent authority to pass the final order. So the final order was passed rejecting the review petition on 22-11-1978, Aggrieved by this the present appeal was filed on 23-1-1978.
6. From the statement of facts it is clear that this appeal is not maintainable as it had been filed against an order passed under M. L. O. 23 and no power of appeal had been conferred upon this Tribunal by the aforesaid. Martial Law Order. The appeal to this Tribunal is available only under the Sind Service Tribunals Act, 1973 under which this Tribunal has been constituted whereas the Review Board had been constituted under M. L. O. 23 and the final order on the representation made by the appellant was passed by the Martial Law Administrator, Zone `C'. Consequently this Tribunal has no jurisdiction to entertain this appeal against the order passed by the Martial Law Administrator under M. L. O. 23.
7. Apart from this it has already been pointed out that withdrawal of the review petition made to the Chief Minister was a condition precedent to the filing of the review petition under M. L. O. 23 and the memo. Of appeal does not indicate as to what happened about that representation made to the Chief Minister. In case the representation made to the Chief Minister was not withdrawn anti the condition which was precedent was not fulfilled the very review petition made under M. L. O. 23 was not maintainable, If in case it was withdrawn then the appeal is hit for reasons stated in the preceding paragraphs of this order: In result the appeal is summarily dismissed.