Law: Removal from Service (Special Powers) Ordinance, (XVII of 2000)

Section: 10

Law: Constitution of Pakistan, 1973

Section: 212(3)

Removal from Service (Special Powers) Ordinance (XVII of 2000)---   ----S. 10 proviso--Constitution of Pakistan (1973), Art.212(3)---Dismissal from service---Appeal---Limitation---Reminders to department---Representation to departmental authority submitted by civil servant on 16-9-2001, remained not responded by department within 60 days from the submission of representation--- Civil servant was to prefer appeal to Service Tribunal within next 30 days of the expiry of the period of 60 days, which he did not avail, therefore, his appeal was dismissed by Service Tribunal being barred by limitation---Validity---Appeal preferred before Service Tribunal was barred by time and civil servant did not submit even application seeking for condonation of delay---After submission of departmental representation, followed by reminders dated, 30-9-2001, 3-7-2006 and 6-7-2006, made by civil servant, authorities vide letter dated 29-11-2006, addressed to civil servant, informed that his representation dated 16-9-2001, earlier submitted by him, was rejected by competent authority as barred by limitation, would not per se enlarge limitation period for filing appeal before Service Tribunal---In view of period of limitation for filing of appeal as envisaged by proviso to S.10 of Removal from Service (Special Powers) Ordinance, 2000, civil servant failed to raise any question of law of public importance---Supreme Court declined to interfere in passed by Service Tribunal---Leave to appeal was refused.    Central Board of Revenue v. Chairman/Secretary, Revenue Division, Islamabad v. Shafiq Muhammad and another 2008 SCMR 1666 distinguished.   JUDGMENT RAJA FAYYAZ AHMED, J.--- This petition under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973 for leave to appeal has been preferred against the judgment, dated 8-3-2010, passed by the learned Federal Service Tribunal, Islamabad, whereby Appeal No.1065 (R)(CS) of 2006, filed by the petitioner against the order of his dismissal from service and the rejection of his departmental appeal/representation, has been dismissed. 2. The precise relevant facts of the case are that petitioner Mushtaq Ahmad…

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