Law: Service Tribunals Act (LXX of 1973).

Section: 4

Law: Constitution of Pakistan 1973

Section: 212

Service Tribunals Act (LXX or 1973) S. 4 read with Constitution of Pakistan (1973), Art. 212 --Compulsory' retirement from service-Appeal-Limitation-Service Tribunal setting aside appellate order on ground that civil servant was not given personal hearing-Appellate authority, in view of Tribunal's order, granting opportunity of personal hearing to civil servant but latter ill-advisedly not availing such opportunity and his appeal consequently finally rejected-Civil servant, instead of filing formal appeal before Tribunal, making numerous representations to various Authorities-Appeal filed by civil servant two years after final order of Appellate Authority dismissed by Tribunal as time-barred-Held, Service Tribunal fully justified in treating appeal as hopelessly barred by time and no question arose to require examination by Supreme Court in terms of Art. 212 of Constitution.             Date of hearing : 24th November, 1980.                                                                                                            ORDER ANWARUL HAQ, C. J.-This petition seeks leave to appeal against the judgment of the Service Tribunal at Islamabad dated the 20th of July, 1980, whereby an appeal filed by the petitioner Syed Tajammul Mahmud against the order of his compulsory retirement, was dismissed as being hopelessly barred by time. The relevant facts are that on the basis of a regular inquiry held against the petitioner, when he was serving as an Assistant Director. National Savings under the Ministry of Finance, he was compulsorily retired from service with effect from the 30th of September, 1971. His appeal was rejected by the Secretary, Ministry of Finance in 1972, which order was, however, set aside in appeal by the Service Tribunal on the 5th of December, 1975, on the ground that the appellate authority had not afforded the…