| Citation(s) |
|---|
| 2013 SLG 1949 2013 SLD 1949 2013 PLC 1087 |
Supreme Court of Pakistan
Civil Petition No.2432 of 2010, decision dated: 14-11-2011. (On appeal from the judgment of the Federal Service Tribunal, Karachi, dated 9-9-2010 passed in Appeal No.117(K)CS of 2005).
NASIR-UL-MULK AND SARMAD, JALAL OSMANY, JJ
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Civil Petition No.2432 of 2010, decision dated: 14-11-2011. (On appeal from the judgment of the Federal Service Tribunal, Karachi, dated 9-9-2010 passed in Appeal No.117(K)CS of 2005).
NASIR-UL-MULK AND SARMAD, JALAL OSMANY, JJ
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GHULAM SHABBIR
VS
DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS and others GHULAM SHABBIR vs DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS and others
Law:
Section:
Service Tribunal Act (LXX of 1973)-------S. 4(1)---Removal from Service (Special Powers) Ordinance (XVII of 2000), S. 10 (since repealed)---Limitation for filing appeal before Service Tribunal where rejection of Departmental appeal was not communicated to the petitioner (civil servant)---Scope---Civil servant was awarded major penalty of compulsory retirement under the Removal from Service (Special Powers) Ordinance, 2000---Departmental appeal of civil servant was rejected---Appeal filed before Service Tribunal was dismissed as barred by time---Contention of civil servant was that he could not file his appeal before Service Tribunal in time since it was not communicated to him that his Departmental appeal had been rejected---Validity---After lapse of 90 days from filing of Departmental appeal, civil servant had 30 days to file service appeal before the Service Tribunal whether or not his Departmental appeal was rejected---Appeal filed by civil servant before Service Tribunal was clearly barred by time---Petition for leave to appeal was dismissed in circumstances and leave was refused. Nasir Ahmed Bhutta, Advocate Supreme Court for Petitioner. Rai M. Nawaz Kharral, Advocate Supreme Court for Respondents. Date of hearing: 14th November, 2011. JUDGMENT NASIR-UL-MULK,…
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