Law:

Section:

Sind Service Tribunals Act (XV of 1973)---- --- Ss. 4 & 6 read with Limitation Act (IX of 1908), S. 5-Impugned order dated 6-3-1972 challenged in Constitution Petition before High Court on 29-1-1973--Dismissed in default on 19-4-1974 but restored on 13-9-1974---Not pending on 2-5-1974, i.e. date of Sind Service Tribunal coming into power-Finally dismissed as withdrawn on 29-11-1978 --Appeal to Tribunal filed on 21-1-1979--Appeal, held, time-barred and appellant, held, cannot be said as bona fide pursuing remedy in High Court-Application for condonation of delay rejected. JUDGMENT GHULAM RASOOL SHEIKH (CHAIRMAN).--The present appeal arises on account of order dated 6-3-1972 passed by the Chief Engineer, Irrigation, Sukkur awarding three punishments to the appellant via (i) stopage of two annual increments, (ii) recovery of Rs. 24,426 being the cost of bags lost by him and (iii) censure. The appeal came up for preliminary hearing on 6-2-1979 and is disposed of on a point of limitation. The appellant after receiving the impugned order dated 6-3-1972 filed a constitutional petition in the High Court of Sind on 29-1-1973. The said petition was dismissed in default somewhere in 1974. It was restored on 8-2-1974. It was again dismissed in default on 19-4-1974 and again restored on 13-9-1974. The said petition was finally dismissed as with­drawn and disposed of on 29-11-1978 on the grounds that the proper remedy for seeking redress lay before this Tribunal. Thereafter the appellant filed this appeal on 21-1-1979. The main contention of the appellant was that since his constitution petition was dismissed by the Hon'ble High Court of Sind on 29-11-1978, he applied for a copy of such order and after engaging the services of an advocate, he could file this appeal only on 21-1-1979. He has filed the application under S. 5 of the Limitation Act, 1908 for condoning the delay. The grounds advanced by him are that he was pursuing his writ petition in the High Court and that he took time to apply for a copy of the order passed by the High Court and to engage…

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