Law:

Section:

(a) Punjab Subordinate Judiciary Service Tribunal Act (XII of 1991)--- ----S. 5(a)---Punjab Civil Servants Act (VIII of 1974), S. 21---Constitution of Pakistan, Arts.105 & 192---Civil Judge---Order of dismissal---Representation before Governor---Legality---Time barred appeal against order of dismissal---Civil Judge (appellant) was dismissed from service by the competent authority/Chief Justice of the High Court vide order dated 9-3-2000---Said order was conveyed to the Civil Judge in question on 23-3-2000, and he filed an appeal before the Chief Justice of the High Court, which appeal was returned for proper presentation before the forum having jurisdiction in the matter---Civil Judge thereafter filed a representation before the Governor, which remained undecided and after a lapse of three months he filed a fresh appeal before the Tribunal on 19-7-2000 in terms of S.5(a) of Punjab Subordinate Judiciary Service Tribunals Act, 1991---Said appeal was dismissed as being time barred---Contentions on behalf of Civil Judge were that in terms of S.21(2) of Punjab Civil Servants Act, 1974 the remedy of representation was usable before the authority next above the authority which had made the dismissal order; that Governor of the province was the authority above the Chief Justice of the High Court, who had passed the dismissal order, therefore, representation before the Governor was competent and a validly invoked remedy, which was not decided within 90 days, constraining him to avail his right of (fresh) appeal, which was filed within time---Validity---Chief Justice of the High Court in his capacity as the competent authority had passed the dismissal order dated 9-3-2000, therefore, he (Chief Justice) had no authority to hear the appeal---Appeal filed before the Chief Justice of the High Court was neither competently instituted nor filed before the forum having jurisdiction, therefore, said appeal was returned via a letter, which never communicated that Civil Judge in question should avail any remedy of representation before the Governor in terms of S.21 of Punjab Civil Servants Act, 1974---Opting to approach the Governor instead of approaching the Tribunal within…

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