Case Details

Citation(s)
2011 SLG 1591 2011 SLD 1591 2011 PLC 189
Service Tribunal, Sindh
Appeal No.106 of 2009, heard on 21st April, 2010.
JUSTICE (R.) GHULAM NABI SOOMRO, CHAIRMAN QAZI QAMARUDDIN AND AKHTAR A. CHOUDHRY, MEMBERS

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LUBNA PASHA

VS

Brig. M. SHAFIULLAH QURESHI LUBNA PASHA vs Brig. M. SHAFIULLAH QURESHI

Law:

Section:

Sindh Service Tribunals Act (XV of 1973)------S. 4---Appeal to Service Tribunal---Limitation---Delay, condonation of---Appeal against order of dismissal from service was time-barred by more than 394 days---Delay of each day was to be explained, but no application for condonation of delay was filed by the appellant---Even no oral request was made by appellant for condonation of delay---general ground of sickness taken by appellant without any proof on record, would not meet the requirements for condonation of such long delay---To consider condonation of delay in favour of appellant would amount to transgression of jurisdiction---Appeal being time-barred, was dismissed, in circumstances. Rehmat Din and others v. Mirza Abbas and others 2007 SCMR 1560; Chairman Railway Board v. Muhammad Arshad and others 2002 SCMR 181; State Bank of Pakistan v. Khyber Zaman and others 2004 SCMR 1426; N.-W.F.P. through Chief Secretary v. Mst. Hussain Pari and others PLD 1988 SC 144; Government of the Punjab v. Muhammad Saleem PLD 1995 SC 396 and Sher Bahadur v. The Government of N.-W.F.P. 1990 SCMR 1519 ref. Nizam Ali Khan for Appellant. Masroor Ahmed Alvi for Respondent. Muhammad Bachal Tunio, Addl. A.-G. on Court notice. Date of hearing: 21st April, 2010. JUDGMENT JUSTICE (R.) GHULAM NABI SOOMRO (CHAIRMAN).---The appellant while serving as Assistant Secretary (Computer) in the office of the respondent-Board was dismissed from service on the charges of corruption and misconduct by order dated 24th January, 2008. Being aggrieved by' the said order (Annexure "A"), she filed a departmental appeal, which remained pending till the filing of the present service appeal. 2. The case of the appellant briefly stated is that she fell sick and so was "to undergo treatment of angiography/angioplasty etc. She therefore obtained advance of Rs.2,90,000 from the respondent. The appellant could not be treated in National Institute of Cardio Vascular Diseases (NICVD), Karachi, hence had her treatment from another hospital namely National Medical Centre, Karachi. That the medical bills and receipts of the appellant were lost in her car which was burnt during protest rally on the 27th December, 2008,…
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