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1982 PLC (C. S.) 109

MUHAMMAD LATIF vs COLLECTOR, RAWALPINDI AND OTHERS

Citation1982 PLC (C. S.) 109
CourtPunjab Service Tribunal
Case No.Case No, 377 of 1980
Date1981-11-29
Judge(s)Sardar Abdul Jabbar Khan
ResultOrder accordingly

' In case of Muhammad Latif Patwari an application was filed by the appellant through his counsel Mr. Hassan Ahmad Khan Kanwar, Advocate that the judgment so announced against him at Rawalpindi be reviewed as the appellant did not receive the communication about the time and place for the hearing of said case in time. The notice was issued to the respondent in respect of said application and the same was fixed at Rawalpindi. While passing the order on 14th November 1981 this Tribunal informed Mr. Hassan Ahmad Khan Kanwar Advocate that this case would be heard at Rawalpindi under all circumstances in view of the policy laid down by the worthy President of Pakistan to dispose of all cases pertaining to certain regions at the Regional Headquarter. The case has been called today several times during the course of the day but neither Mr. Muhammad Latif nor his counsel is present. The learned DA who is present assisted by Bashir Ahmad office of Assistant Commissioner, Rawalpindi has produced before me notices showing that Registrar of this Tribunal informed the Commissioner, Rawalpindi Division about the fixation of this case on 30th November, 1981 at Commissioner's Office Rawalpindi. The perusal of this notice also reveals that Mr. Hassan Ahmad as well as the appellant's name is included among the persons to be informed.

2. The learned DA has resisted the application filed by the appellant on the ground that once the case has been disposed of on merits after taking into consideration all its pros and cons not by default, this Tribunal is precluded to sit in review over its own judgment. According I to learned DA the only remedy available to the appellant in this case would be to file an appeal to the Supreme Court of Pakistan if so desired.

3. I have given my anxious thoughts to the contents of the application as well as the arguments advanced by the learned DA and have also perused my judgment dated 1st July, 1981 announced at Rawalpindi. I am fully convinced that application so filed before this Tribunal is without any merits and also agree with the learned DA that this Tribunal has no power to review its own judgment as it has held the same in number of cases when this issue was agitated wherein it was argued that this Tribunal was not empowered to review its own decision in any manner.

4. In view of the above the miscellaneous application is dismissed on merits.

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