Law:

Section:

(a) Sind Service Tribunals Act (XV of 1973)-S. 4, proviso (a) and Sind Civil Servants Act (XIV of 1977), S. 23 read with Sind Civil Servants (Appeal) Rules, 1975-Appeal-Exhausting of Departmental remedy-Order passed by Secretary, Education Department-Departmentally appealable in its independent place to Chief Secretary-No appeal against such order however made to Chief Secretary--Appeal before Service Tribunal, without exhausting departmental remedy of appeal, held,, incompetent under proviso (a) to S. 4 of Sind Service Tribunals Act, 1973.-[Civil service]. New Civil Service Laws (Federal & Provincial) 1978 by Nisar Ahmad Pannoon, p. 256 ref. (b) Sind Service Tribunals Act (XV of 1973)- -- S. 4, proviso (a) read with Sind Civil Servants (Appeal) Rules, 1975­Ignorance of law----Plea regarding failure to file requisite departmental appeal being due to ignorance of correct law and being not a deliberate mistake-Clear provision of statute, held, could not be overridden by Court to hold an v appeal competent which statute otherwise declared as incompetent-Even otherwise, ignorance of law no excuse in law.­[Civil service]. (c) Sind Civil Servants (Appeal) Rules, 1975- No departmental appeal as required by rules filed in time in any competent forum-Mere representations here and there, held, could not be substitute of requisite appeal.-[Civil service]. Fazal Elahi Ejaz and 12 others v. Government' of Punjab and 13 others P L D 1977 Lah. 549 ref. (d) Sind Service Tribunals Act (XV of 1973)- -- S. 4, proviso (a) read with Sind Civil Servants (Appeal) Rules, 1975­Petitioner filing appeal before Tribunal in respect of orders different from order sought to be set aside in proceedings in. hand--Avoid ability of departmental appeal in circumstances to be examined with reference to orders sought to be set aside in appeal before Tribunal-Tribunal's finding regarding order sought to be set aside being appealable to Chief Secretary and not to Tribunal, held, cannot be unlawful merely because of there being certain other orders of which petitioner felt aggrieved and had been challenging or making representations against them in one forum or another at different levels.-[Civil…

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