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1996 SCMR 1518

KHAWAR MUNIR DAR vs DIRECTOR-GENERAL, EXCISE AND TAXATION, PUNJAB

Citation1996 SCMR 1518
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No, 219-L of 1994 Appeal No,427 of 1990
Date1995-06-21
Judge(s)Fazal Karim, Muhammad Ilyas, Saad Saood Jan
ResultAppeal allowed

ORDER

' SAAD SAOOD JAN, J.--.-The petitioner was serving as a junior clerk in the Directorate of Excise and Taxation in Sargodha Division. Consequent upon disciplinary proceedings he was removed from service by the Director on 14-9-1989. He filed a departmental appeal before the Director General but it was rejected. He then filed an appeal before the Punjab Service Tribunal. The appeal was heard by a Bench of the Tribunal, comprising the Chairman and Mr. Abdul Hamid Khan on 15-12- 1993. The judgment was announced on 5-1-1994. It was one of dismissal

2. The petitioner has challenged the legality of the judgment on the ground that Mr. Abdul Harnid Khan had retired on 30-12-1993, that is, six days before the judgment was announced. Mr. Farooq Bedar, Additional Advocate-General has the assertion of the petitioner.

3. The judgment was recorded by Mr. Abdul Hamid Khan and he appended his signatures thereof on the very day when he retired but that does not help. The judgment has to be taken as of the date when it was announced. Since on that day Mr. Abdul Hamid Khan was not a member of the Tribunal accordingly, we convert this petition into appeal and allow the same. The matter is remanded back to the learned Tribunal for re-hearing of the appeal. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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