Law:

Section:

(a) Service Tribunals Act (LXX of 1973)- --. S. 4-Limitation-Impugned Departmental Order passed prior to establishment of Tribunal, i.e. on 10-2-1970 and 6-4-1972-Appeal maintainable before Tribunal within thirty days of communication of such order or within six months of establishment of Tribunal-Appeal filed long after prescribed period of six months, Les on 16-11-1974­Plea that Departmental authorities had been corresponding with appellant from time to time, that matter was under consideration and as such he had to wait for a final order-Provisions of S. 4 regarding limitation, held, do not provide for any enlargement of time in case department sits over aggrieved person's representations-Proviso (a) to S. 4(1), further held, not applicable and appellant, held, could not avail of opportunity of waiting period of ninety days and further limitation of thirty days--Appeal, in circumstances, held, time-barred. (b) Service Tribunals Act (LXX of 1973)- --- S. 4 (1), proviso (a)-Limitation-Aggrieved person not at liberty to come in appeal at any time after elapse of SO days of departmental appeal or representation-Right of appeal must be exercised within 30 days after such departmental appeal or representation unless in meantime an order passed by appellate authority giving fresh cause of action. (c) Service Tribunals Act (LXX of 1973)- S. 4-Limitation-Appeal dismissed in limine being time-barred-­Departmental authorities not debarred due to such dismissal to consider matter on merit. Mujibur Rehman for Appellant. Syed Mohammad Shahudul Hoque, Muhammad Hanif Bhatti and Khalid Mohsin for Respondents. Date of hearing: 2nd January 1979. JUDGMENT SHAH ABDUR RASHID (CHAIRMAN): The appellant Mirza M. Anwar Beyg, was originally appointed as B Grade Clerk in the Central Government in the Department of Public Relations Directorate (Kashmir) on 16-8-1948. In the same department he was promoted on 1-11-1969 as Assistant. The Public Relations Department (Kashmir) was merged with the Press Infor­mation Department on 16-10-1959 and the appellant also carried his post to that Department. Early in 1967, some posts of Information Assistants in the Press Information Department were…

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