' RAJA MUHAMMAD ASHRAF KAYANI (MEMBER).-- This is an application for restoration of the appeal entitled Muhammad Saleem v. Azad Government and others which was dismissed for non- prosecution on 5-10-1986. The appeal against Order No, Admin-2(77)D.F-/84/53-9549, dated 20- 10-1984 by which the petitioner/appellant was removed from service, was admitted for regular hearing on 1-4-1985 and the file was fixed for arguments on 8-5-1986. The appeal was dismissed in default because of the continued at-sence of the appellant till 5-10-1986.
2. The above petition for restoration of the appeal was objected to by the non-petitioner as time- barred and without any sufficient reason.
3. We have given our consideration to the arguments advanced and have perused the record. The interim order dated 5-10-1986, whereby the appeal was dismissed for non-prosecution, was passed by the then learned Chairman of this Tribunal single handed whereas the appeal was pending for disposal before the Tribunal consisting of both the Chairman and the Member. Under sub-rule (1) to Rule 19 of the Azad Jammu and Kashmir Service. Tribunal Rules, 1976 the Tribunal is alone competent to pass the order and the Chairman or a Member of the Tribunal does not have the powers to dismiss an appeal single handed. The relevant rule is reproduced below:-- "19.-- (1) If on the date fixed for hearing of appeal or on any subsequent date to which the hearing may be adjourned, the appellant or his Advocate is not present before the Tribunal, the Tribunal may proceed to hear the other party and decide the same;"
It is thus amply clear from the bare reading of the foregoing sub-rule that the impugned interim order has not been passed in accordance with the aforesaid Rule. The question of limitation, if any, is immaterial in the circumstances. In this view of the matter the interim order dated 5-10-1986, is set aside.
4. The appeal shall be re-entered on its original number. Notices to the counsel for parties and to come up for arguments on 27-1-1990.