Law: Federal Public Service (Rules of Competitive Examination) Rules, 1997)

Section: 7(3)(d)

Law: Limitation Act, 1908

Section: 14,29(2)

(a) Federal Public Service Commission Ordinance (XLV of 1977)--- ----S.7(3)(d)---Limitation Act (IX of 1908), Ss. 5, 14 29(2)---Federal Public Service Commission---Appointment against the post of Section Officer---Appeal---Limitation---Condonation of delay---Candidature of appellant was rejected being ineligible to take part in the examination moved review petition but same was dismissed---Validity---Appeal before High Court could be filed only against Commissions decision on a candidates review petition---Limitation for filing an appeal before High Court was thirty days had filed present appeal after six years had moved application for condonation of delay and Court should decide the same first and if such application was allowed then case should be decided on merits---Section 5 of Limitation Act, 1908, did not apply on its own force to special or local laws but had to be made applicable to such laws through legislation---Legislature had not made S.5 of Limitation Act, 1908, specifically applicable to appeals filed under S.7(3)(d) of Federal Public Service Commission Ordinance, 1977---No provision of Limitation Act, 1908, had been made applicable to any proceedings under Federal Public Service Commission Ordinance, 1977, by the said Ordinance---Mere fact that Federal Public Service Commission Ordinance, 1977, did not expressly exclude the application of S.5 of Limitation Act, 1908, to the proceedings conducted under the said Ordinance would by itself not extend the application of S.5 of Limitation Act, 1908 to such proceedings---Federal Public Service Commission Ordinance, 1977 was a special law and application of S.5 of Limitation Act, 1908 had been excluded by S.29(2) of the said Acts application under S.5 of Limitation Act, 1908, for condonation of delay in filing the present appeal was not maintainable in circumstances---Section 14 of Limitation Act, 1908, did not come to the aid of appellant who had been prosecuting his remedy against an appealable order before a wrong forum---Delay in filing appeal could not be condoned under S.14 of Limitation Act, 1908 in circumstances---Application for condonation of delay and appeal were dismissed. Muhammad Amir v.…

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