This Intra Court Appeal has arisen out of a petition brought by Respondent No. 1 under Article 199 of the Constitution of the Islamic Republic, of Pakistan 1973 (i.e. W.P.No. 250500 of 2018) challenging the punishment of compulsory retirement.
2. At the outset of hearing, we asked the appellant's counsel as to whether the Respondent No. 1 had any remedy of appeal against the punishment of compulsory retirement. Responding to this question, he made reference to rule of the Railway Servants (Efficiency & Discipline) Rules, 1975 which contemplates that a person on whom a penalty is imposed shall have such right of appeal as prescribed in Rules 1717, 1731 and 1723, 1732 of the Pakistan Railways, Establishment Code. This reply suggests that W.P. No. 250500 of 2018 had arisen out of the proceedings in which a remedy of appeal was provided. That being so, the instant appeal by virtue of bar provided in proviso to sub-section (2) of Section 3 of the Law Reforms Ordinance, 1972 is not competent.
3. Dismissed.