August 23, 2007	Thursday	Sha’aban 9, 1428

LAHORE, Aug 22: Supreme Court on Wednesday decided that a person loses his or her right to seek remedy from courts after abandoning the proceedings and opting for approaching a provincial chief executive to have a grievance redressed.

“We will allow perpetuation of illegality by interfering (with such a case),” observed Justice Falak Sher while heading a three-member bench having Justice Tassadduq Hussain Jillani and Justice Chaudhry Ijaz Ahmed as the other two members.

The bench was hearing an appeal against an order of Punjab Services Tribunal, which had turned down the appellant’s request to exonerate him from the charges levelled against him in the wake of disciplinary action. The Food department had ordered compulsory retirement and recovery of Rs3.2 million from the appellant, Muhammad Nawaz, an assistant food controller.

Nawaz had moved the tribunal against the departmental order but later withdrew his appeal for want of making a representation to Punjab chief minister. After Nawaz could not get the desired relief from the CM, he again moved the tribunal but was turned down.

Justice Jillani observed Nawaz committed misconduct by withdrawing his appeal from the tribunal and opting for seeking remedy from the chief minister.

Hafiz Nasim, the counsel for Nawaz, argued under Section 9 (a) (2) of Removal from Service (Special Powers) Ordinance, the chief executive of a province could entertain a service matter.

The counsel replied in negative when Justice Falak Sher asked him to tell whether a person could seek remedy from the chief executive after withdrawing an appeal pending before a tribunal.

Dismissing the appeal, Justice Falak Sher observed that allowing the appellant prayer would be tantamount to mockery of justice.

SALOMI’S BAIL: The Supreme Court confirmed cancellation of bail of actress Salomi Rana involved in a financial scam.

The police had arrested Salomi in June 2007, stating her husband, Zeeshan, had deposited Rs5 million in her account after stealing it from the company he worked with. Zeeshan was booked in an FIR and later arrested for embezzling money from his company’s account.