Law:

Section:

(a) Punjab Subordinate Judiciary Service Tribunal Act (XII of 1991)--- ---S. 5---Punjab Civil Servants Act (VIII of 1974), S.21--------Limitation Act (IX of 1908), S.3---Judicial Officer (Civil Judge)---Adverse remarks recorded in the ACR---Expunction of---Pro forma promotion---Second representation--- Limitation--- Commencement of--- Adverse remarks recorded in the ACR of appellant were expunged and he was promoted as Senior Civil Judge---Appellant filed representation for considering him for promotion from the date when his batch-mates were promoted to the post---Said representation was deferred and appellant was promoted---Appellant filed another representation for considering him for the promotion to the post of Senior Civil Judge and then to the Additional District Judge along with his batch-mates which was dismissed---Contention of department was that initial representation was time- barred and subsequent representation as well as service appeal were not maintainable---Validity---Limitation for filing a representation accrued to the appellant from the date when his batch-mates were promoted as Senior Civil Judge, however, he did not agitate his grievance at that point of time---Appeal against adverse remarks was accepted on 26-02-2004 whereafter on 18-10-2004 he was promoted as Senior Civil Judge---During this period appellant did not file representation---Appellant could have filed departmental appeal within 60 days from 26-02-2004 when his remarks were expunged or from 18-10-2004 when he was promoted as Senior Civil Judge---Appellant preferred representation on 04-06-2005 which was beyond the period of limitation---Departmental representations filed by the appellant were not within time---Present appeal was not maintainable in circumstances---Point of limitation could be looked into by the Service Tribunal keeping in view S.21 of Punjab Civil Servants Act, 1974 read with S.3 of Limitation Act, 1908---Appeal was dismissed in circumstances. Syed Ashfaq Hussain Shah v. N.E.D. University of Engineering and Technology, Karachi and others 2007 SCMR 73; Messrs Sui Northern Gas Pipelines Ltd. v. Malik Murawat Hussain 2004 SCMR 527; Muhammad Boota v. The…

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