Law: Constitution of Pakistan, 1973

Section: 212(3)

Law: Sindh Service Tribunals Act, 1973

Section: 4

(a) Constitution of Pakistan--- ----Art. 212(3)---Civil service---Dismissal from service---Grounds---Joining service belatedly---Inefficiency---Proof---Respondents were appointed as Constables (BS-5) in police department, however their appointment letters were never sent to them by registered post, nor were they ever informed about the same by telephone or verbally---Respondents collected their appointment letters from the police department through their own efforts, and immediately joined service---Dismissal of respondents in such circumstances on grounds of belatedly joining service and inefficiency was not justified---Even the letters of dismissal from service were never sent to the respondents through registered post and they were only informed about their dismissal verbally--- Supreme Court directed that respondents be reinstated in service--- Petition for leave to appeal was dismissed accordingly. (b) Sindh Service Tribunal Act (XV of 1973)--- ----S. 4---Constitution of Pakistan, Art. 212(3)---Appeal against dismissal from service filed before the Service Tribunal---Limitation period, commencement of---Letter of dismissal from service not sent to civil servants---Limitation period commencing from date when letter of dismissal received--- Contention of appointing authority that respondents/civil servants were dismissed from service on 9-9-2013, but they filed their appeal before the Service Tribunal in July 2014, which was well beyond the 30 days period allowed for filing an appeal before the Tribunal---Validity---Dismissal from service letters dated 9-9-2013, were never sent to the respondents/civil servants---Respondents through their own efforts found out about their dismissal and personally collected their dismissal letters around middle of June, 2014---Subsequently respondents filed Constitutional petition before the High Court on 3-7-2014 i.e. within 30 days of collecting/receiving their dismissal letters---Said petition was treated by the High Court as an appeal and sent to the Service Tribunal---Appeal before the Service Tribunal, in such circumstances, would be treated as having been filed within 30 days from the date when respondents received…

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