Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 4

Punjab Service Tribunals Act (IX of 1974) S. 4-Limitation-Appeal barred by limitation-Plea that limitation be condoned on ground of impugned order being void ab initio for want of jurisdiction--Plea, held, not acceptable, even a void order also being a type of illegal order liable to be set aside. P L D 1970 Lah. 6 ref.                                                                                                                              ORDER M. SALEEM CHAUDHRY (CHAIRMAN).-In this appeal filed on I-8-1977 by the appellant an ex-Secretary, Union Council, District Jhang, a preliminary objection has been raised by the learned Government Pleader that the appeal is barred by time. 2. The learned Government Pleader submitted that in this case the initial order was passed by the Deputy Commissioner, Jhang, on 5-11-1976, and the appeal against the same was rejected by the Commissioner, Sargodha Division, on 24-5-1977, and the appellant got the certified copy of the impugned order on the 27th of May, 1977, and thus the present appeal filed by the appellant on 1-8-1977, was barred by time. The learned Government Pleader also submitted that the application for the condonation of delay has also failed to make out any case for enlarging the time. 3. The learned counsel appearing for the appellant argued that in the application it has been explained that the appellant had requested his counsel before the Commissioner, Sargodha Division, to obtain a copy of the order and to supply him at Jhang, but due to political agitation in the country, he failed to do so. Eventually, the petitioner himself obtained the copy of the order of Commissioner, Sargodha Division, but was still prevented from filing appeal due to catastrophic floods in river Chenab. Moreover, the petitioner remained confined to bed due to illness from 23-6-1977 to 30-7-1977 and was thus unable to…