Law:

Section:

(a) N: W. F. P. Service Tribunals Act (I of 1974)- -- Ss. 4 & 8-Limitation-Ninety days available only for appeals arising as a result of abatement of suits, appeals or applications pending in Courts and not for other appeals-Fresh appeals to be governed simply by S. 4 with limitation period of 30 days-Provisions of S.8 cannot be stretched to such appeals. (b) N.W. F. P. Service Tribunals Act (I of 1974)- -- S. 4 read with Limitation Act (IX of 1908), S. S-Limitation Condonation of Delay---Each day of delay must be explained and express prayer for consideration essential---Appeal filed with delay of 12 days-No prayer for condonation made and no sufficient explanation tendered-Appeal, held; time-barred and dismissed in limine. ORDER This is an appeal by one Muhammad Khan against an order dated 5-6-1975 whereby he was discharged Prow service and was further directed to pay the cost of plants with respect to which he was department ally proceeded and was consequently discharged from service. 2. There is, in my view, no jurisdiction to admit this appeal. In this context, it may be stated at the very outset that the impugned order was passed on 5th of June, 1975 and was communicated to the appellant by the authority concerned. It must have reached the appellant within a day or two. The present appeal whereby this order is sought to be set aside was instituted on 16-7-1975. It will thus be seen that the appeal was filed more than thirty days after the order was passed, and communicated to the appellant. 3. It was contended by the learned counsel for the appellant appearing before me that limitation for filing the present appeal, was governed by section 8 of the North-West Frontier Province Service Tribunals Act, 1974 (hereinafter referred to as tae Act) which. provides a period of ninety days for the filing of appeals like the present one. I am afraid, the viewpoints so expressed cannot prevail. It may be pointed out that section 8 of the Act to which reference was made, and on which reliance has been placed, by the learned counsel for the appellant, has reference to those appeals only which arise as a result of the abatement of any suit, appeal or application…

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