| Citation(s) |
|---|
| 1981 SLG 304 1981 SLD 304 1981 SCMR 490 |
Supreme Court of Pakistan
Civil Petition No. 167-R of 1980, decision dated: 15-03-1981.(On appeal from the judgment dated 18-3-1979 of the Services Tribunal, Islamabad in Appeal No. 32(R)/79)
MUHAMMAD AFZAL ZULLAH AND NASIM HASAN SHAH, JJ
M. S. Siddiqi, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Nemo for
Respondent.
Civil Petition No. 167-R of 1980, decision dated: 15-03-1981.(On appeal from the judgment dated 18-3-1979 of the Services Tribunal, Islamabad in Appeal No. 32(R)/79)
MUHAMMAD AFZAL ZULLAH AND NASIM HASAN SHAH, JJ
M. S. Siddiqi, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Nemo for
Respondent.
MALIK PARWEZ AKHTAR
VS
SECRETARY, MINISTRY OF RELIGIOUS AFFAIRS AND MINORITY AFFAIRS-
Law:
Section:
Service Tribunals Act (LXX of 1973)--S. 4-Government servant-Appeal to Tribunal -- Presumption exists as to official acts being regularly performed-Departmental file containing a copy of reply sent to petitioner concerning his departmental representation and such communication addressed to petitioner exactly on same address on which order of rejection sent hence no reason why earlier order should not have been received by Petitioner, held, ought to have, after expiry of statutory period of 90 days, filed an appeal within 30 days thereof before Tribunal and not having done so his appeal time barred and no case made out for interference by Supreme Court - Constitution of Pakistan (1973), Art. 212.-[Civil services] ORDER NASIM HASAN SHAH, J.-The petitioner was an assistant in the Ministry of Religious Affairs, Government of Pakistan. By order dated 25-1-1978 his services were terminated on the ground that he was no longer required. He, therefore, filed a representation to the Secretary, Ministry of Religious Affairs on 6-2-1978. The case was dismissed by a memorandum dated 9th March, 1978, which is reproduced below:-- "Islamabad, the 9th March, 1979. Memorandum With reference to his application dated 6-2-1978. Mr. Malik Parwez Akhtar is hereby informed that his request was considered but it is regretted that it cannot be acceded it. (Sd.) (Muhammad Jan Siddiqui), Officer on Special Duty (Admit.) Malik Parwez Akhtar, House No. D-244, Satellite Town, Rawalpindi." The case of the petitioner is that he did not receive the said order and, therefore, filed an Appeal (No. 1 of 1979), before the Minister, which was again rejected on 7th March, 1979, and this order was communicated to the petitioner, exactly on the same address on which the first order dated 9-3-1978 was communicated. The petitioner then filed an appeal against the last mentioned order before the Services Tribunal, Islamabad. An objection was raised before the Tribunal that the appeal was time barred as the petitioner's departmental appeal had already been dismissed by the Secretary, Ministry of Religious Affairs on 6-2-1978 and the petitioner could not take advantage of the second order of dismissal of…
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