Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-------S. 4---Dismissal of departmental appeal for being time-barred---Effect---Appeal before Service Tribunal would not be competent---Illustration. Anwarul Haq's case 1995 SCMR 1505; Chairman PIA's case PLD 1990 SC 951; Dr. Anwar Ali Sahto's case PLD 2002 SC 101; Khyber Zaman's case 2004 SCMR 1426 and Syed Ashfat Hussain Shah's case 2006 SCMR 453 rel. (b) Constitution of Pakistan--- ----Art. 212(3)---Findings of Service Tribunal---Validity---Such findings being findings of fact would not call for interference by Supreme Court. (c) Removal from Service (Special Powers) Ordinance (XVII of 2000)--- ----Ss. 3, 5(1)(4) & 10---Constitution of Pakistan, Art. 212(3)-Dismissal from service---Senior Patrol Officer in National Highways and Motorway Police---Charge of unauthorized absence from duty for . about three months-Non-filing of reply to show cause notice by appellant---Failure of appellant to appear before Inquiry Officer inspite of repeated notices issued to him---Dismissal of departmental appeal for being time barred---Dismissal of appeal by Service Tribunal on merits as well as being time-barred---Validity---Appellant as a member of discipline force would not deserve any leniency for having absented himself from duty for such considerable period without securing permission from his high officer---No question of public importance was involved---Tribunal was justified to come to conclusion that appellant had no case even on merits---Supreme Court declined to grant leave to appeal in circumstances. (d) Constitution of Pakistan--- ----Art. 212(3)---Word "satisfied" as used in Art. 212(3) of the Constitution---Meaning stated. The word "satisfied" means existence of mental persuasion much higher than mere opinion; a mind not troubled by doubt; 'a mind which has reached on clear conclusion. [Words and phrases]. Blyth v. Blyth {(1966) AER 524 (541)} and Angland v. Payne {1944 NZLR 610 (626)} rel. (e) Constitution of Pakistan--- ----Art. 212(3)---Expression "substantial question of law" as used in Art. 212(3) of the Constitution---Meaning---Such expression would mean a substantial question of law involved in the case as…

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