Law:

Section:

(a) Service Tribunals Act (LXX of 1973)- -- S. 4-Limitation-Impugned order passed without jurisdiction when taking effect--Period of limitation cannot be circumvented by raising plea that order was without jurisdiction and void: S. Sharij Ahmed Hashmi v. Chairman, Screening Committee 1980 SCMR711rel. (b) Service Tribunals Act (LXX of 1973)-- --- S. 4 read with Civil Servants Act (LXXI of 1973), S. 23-Appeal before Tribunal-Limitation-Relevant rules providing remedy of departmental appeal and such appeal rejected-Limitation for appeal before Tribunal would start from date of communication of order of rejection-Further representation to higher authorities cannot extend limitation period-Petition to President after rejection of appeal pro­vided under rules, held, is made not as of right hence cannot extend limitation. Ch. Abdul Rehman for Appellant. Hafiz Tariq Naseem for the State. Date of hearing : 19th May, 1983. JUDGMENT JUSTICE SHAH ABDUR RASHID (CHAIRMAN)-This appeal by Muhammad Rafique Shad, an employee of the Postal Department has come up before this Tribunal for the second time after remand by the Supreme Court. The facts of the- case are given in detail in the order of the Tribunal which it passed after hearing the appeal on 18-2-1980 and the order dated 19-10-1982 of the Supreme Court, and it is, therefore, not necessary for us to reiterate the facts. This order is to be read in continuation of the Tribunal's previous order and the order of the Supreme Court, referred to above. 2. The appellant had succeeded in the appeal before the Tribunal, because the Tribunal found that the disciplinary proceedings against the appellant bad been taken by the authorities not competent to do so, inasmuch as no authorisation had been made under the Government Servants (Efficiency and Discipline) Rules, 1973 in respect of class of civil servants to which the appellant belonged. The stand taken by the respon­dent Department that the appeal was barred by time was rejected by the Tribunal by observing as follows: 'It being a void order, i.e, without authority, question of limitation does pot arise." The Tribunal did not go into the merits of the case because the arguments…

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