| Citation(s) |
|---|
| 2013 SLG 1973 2013 SLD 1973 2013 PLC 1294 |
Supreme Court of Pakistan
Civil Appeals Nos.512 of 2011 and 447 of 2012, decision dated: 23rd April, 2013.
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., TASSADUQ HUSSAIN, JILLANI, AMIR HANI MUSLIM, GULZAR AHMED AND SH. AZMAT SAEED, JJ
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Civil Appeals Nos.512 of 2011 and 447 of 2012, decision dated: 23rd April, 2013.
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., TASSADUQ HUSSAIN, JILLANI, AMIR HANI MUSLIM, GULZAR AHMED AND SH. AZMAT SAEED, JJ
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MIR AJAB KHAN and another
VS
DEPUTY POSTMASTER-GENERAL, SRP, DERA ISMAIL KHAN and others MIR AJAB KHAN and another vs DEPUTY POSTMASTER-GENERAL, SRP, DERA ISMAIL KHAN and others
Law:
Section:
(a) Service Tribunals Act (LXX of 1973)-------S. 4(1)---Appeal before Service Tribunal, filing of---Limitation---Departmental authority not communicating its decision to civil servant within 90 days---Effect---Where within the stipulated period of (90 days) decision of departmental authority was not communicated to the civil servant, he had an option to either file appeal (before the Service Tribunal) within the next 30 days without waiting for decision of departmental authority, or he could wait till the date of communication of decision of departmental authority and from said date he could file appeal within the next 30 days. Chief Engineer (North) and another v. Saifullah Khan Khalid 1995 SCMR 776 and Taj Muhammad Afridi v. Principal Secretary to the President Secretariat and others 2011 SCMR 1111 ref. (b) Punjab Employees' Efficiency, Discipline and Accountability Act (XII of 2006)--- ----S. 19---Appeal before (Punjab) Service Tribunal, filing of---Limitation---Decision on departmental appeal or review petition not received within a period of 60 days---Effect---Where civil servant had availed opportunity of departmental appeal or review and decision of the same was not received by civil servant within 60 days, then on the expiry of such period he could prefer appeal before the (Punjab) Service Tribunal within the next 30 days, notwithstanding, as to whether departmental appeal had been decided or not. Chief Engineer (North) and another v. Saifullah Khan Khalid 1995 SCMR 776 and Taj Muhammad Afridi v. Principal Secretary to the President Secretariat and others 2011 SCMR 1111 ref. (c) Removal from Service (Special Powers) Ordinance (XVII of 2000) [since repealed]--- ----S. 10---Appeal before Service Tribunal, filing of---Limitation---Decision on representation or review petition filed before competent authority not received within a period of 60 days---Effect---Where civil servant had availed opportunity of representation or review before competent authority and decision of the same was not received by civil servant within 60 days, then on the expiry of such period he could prefer appeal before the Service Tribunal within the next 30 days, notwithstanding, as…
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