' KAMAL MANSUR ALAM, J.---The petitioner is seeking leave to appeal from the judgment dated 26- 5-1998 of the Sindh Service Tribunal, allowing the appeal filed by respondent No,1 against termination of his service by order dated 6-7-1994.
2. It appears that the respondent No,1, who was serving in the Army, was appointed as Registrar of the petitioner-University by order dated 30-12-1993 and took over charge on 8-1-1994. His services were terminated by order dated 6-7-1994 on the ground that he was on deputation from the Pakistan Army from where he retired on 18-5-1994 and consequently he ceased to be on such deputation. He handed over the charge on the same day. It has been claimed on behalf of the respondent No,1 that against the termination of his service he made three representations and on getting no response had the petitioner served with a legal notice dated 18-8-1994 which was replied by letter dated 21-9-1994. Later, on 13-4-1995 the respondent filed appeal before the Sindh Service Tribunal challenging his removal from service, which has been allowed by the impugned judgment.
3. Mr K.A. Wahab, learned Advocate-on-Record appearing for the petitoner, calls into question the impugned order, on the grounds that as a deputationist, the respondent No,1 was prelcuded from approaching the Service Tribunal by virtue of section 3-E of the Sindh Service Tribunals Act, 1973, that the requisite departmental appeal having not been preferred the appeal before the Tribunal was not maintainable, and that respondent's appeal before the Tribunal was barred by time.
4. Mr. Aqil Awan, the learned Advocate Supreme Court for the caveator, disputes the contentions raised by the petitioner's counsel. He submits that the first respondent was appointed the Registrar by the Syndicate of the University for three years, the term provided for under section 15(a) of the University of Karachi Act, 1972, that the said respondent retired from the Army on 1-9-1994 and not 18-5-1994, that the caveator had made several representations before approaching the Tribunal and that the appeal before the Tribunal was filed within time.
5. Leave is granted to examine the contentions raised in the petition.