Case Details

Citation(s)
1980 SLG 1504 1980 SLD 1504 1980 PLC 619
Service Tribunal, Sindh
Appeal No. 63 of 1978, decided on 5th June, 1978.
GHULAM RASOOL SHEIKH, CHAIRMAN, ABDUL KADIR AND G. A. MUGHAL, MEMBERS

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IRSHAD ALI

VS

SECRETARY FOOD

Law:

Section:

Sind Service Tribunals Act (X of 1973)--- ------ S. 4-Appeal-Appellant required to file departmental appeal against impugned order within one month of its issue and in case no decision mace by Departmental Authority within 90 days-Appeal filed after 149 days, held, time-barred, in circumstances. Naimatullah Qureshi for Appellant. ORDER GHULAM RASOOL SHEIKH (CHAIRMAN).---------The appellant was appointed as Taxation Officer, Hyderabad Municipality on 6th July, 1973. Subsequently by notification dated 19th February, 1975 he was appointed as Assistant Director, Food in grade 17. However, on 7th March, 1978, Martial Law Administrator, Zone `C' promulgated M. L. R. No. 55 regarding regulation of ad hoc appointments made by the previous Government of Sind. On scrutiny the appellant was not found fit and therefore, his services were terminated by notification dated 27th May, 1978. On 7-6-1978 the appellant submitted an appeal to the Chief Secretary but nothing was done. So a Constitution petition was filed in the High Court but it was dismissed on the plea stated in the memo of the present appeal that this Tribunal had jurisdiction to entertain the appeal against an order which' was passed under M. L. R. No. 55. Thereafter the present appeal was filed on 24-10-1978. From the statement of facts it is plain enough that the present appeal is time-barred. The service of the appellant was terminated by order date 27-5-1978 and he was required to file the Departmental Appeal against that order within one…
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