Law:

Section:

Punjab Service Tribunals Act (IX of 1974)--- -----S. 4 read with West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960, r. 4-Limitation for appeal before Tribunal-Competent authority awarding punishment of dismissal and also ordering registration of criminal case-On appeal and representation order regarding registration of criminal case with­drawn-Contention that limitation was to run from date of decision and order regarding criminal case-Registration of criminal case ­Not a penalty or punishment-Contention rejected and limitation, held, would run from date of dismissal order or rejection of appeal against dismissal order-Question of criminal case-Not relevant for appeal before Tribunal. P L D 1968 Lah. 786 ref. JUDGMENT M. SALEEM CHAUDHRY (CHAIRMAN).-----In this case the appellant, an ex-Forest, Ranger, was dismissed from service by the order of Conservator of Forests dated 21-3-1965. It was further directed that the appellant has been responsible for causing substantial loss, to the Government in connivance with the contractor and therefore he should be proceeded against in the competent Court of criminal jurisdiction. On 27-7-1965 a criminal case was registered against him. On departmental side the appellant filed an appeal before the Chief Conservator of Forests which was rejected vide order dated 3-4-1971. Even a further appeal to the Government of Punjab in the Agriculture Department was also rejected vide order dated 13-10-1971. The appellant was duly informed of the same. The appellant appears to have served a notice under section 80, C. P, C. on the Government which too was ignored. The criminal case was eventually withdrawn against the appellant on 28-4-1976 where after the appellant again moved the Chief Secretary to the Government Punjab on 6-5-1976 for his re-instatement, which request was rejected by the Government on 22-2-1979. Hence this appeal was filed before this Tribunal on 21-3 1979. 2. The learned Government Pleader raised the objection that the appeal was barred by time. The learned counsel for appellant endeavoured to meet the objection by contending that originally on 12-3-1965 the competent authority had passed two…

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