Law:

Section:

Punjab Service Tribunals Act (1X of 1974)- --S. 4 read with Limitation Act (IX of 1908), S. 5-Appeal before Tribunal- Limitation- Condonation of delay- Appeal against penalty of removal from service due to misconduct-Appeal filed about 5 years after date of rejection of departmental appeal Explanation that order of rejection of departmental appeal did not reach appellant till same procured by him on his own and appeal filed only two days thereafter-No convincing material produced to satisfy Tribunal in support of grounds of condonation-Condonation application, in circumstances, not accepted and appeal dismissed as hopelessly time-barred. M, A. Riaz for Appellant. A. G. Humayun, District Attorney for Respondents. JUDGMENT ABDUL HAMID CHAUDHRY (MEMBER).-Maqbool Ahmad, Ex-Forest Guard has made this appeal under section 4 of the Punjab Service Tribunals Act. 1974, in which he has impleaded the Divisional Forest Officer, Muzaffargarh, Forest Division, Muzaffargarh, the Chief Conservator of Forests, Multan Region, Multan and the Secretary to Government of the Punjab, Forestry, Wildlife and Fisheries Department, Lahore as respon­dents. 2. By virtue of this appeal, the appellant has prayed that the impugned orders, dated 16th February, 1972, 14th September, 1972 and 23rd July, 1978/26th June, 1983 be set aside and the appellant re-instated in service with full back benefits of pay and allowances. 3. Brief facts of the case are that the appellant Maqbool Ahmad, Ex-Forest Guard was serving as incharge Kotla Sadat Beat to Muzaffargarh Range in the year 1970. He was charge-sheeted by the Divisional Forest Officer, Muzaffargarh on 15th January, 1970 on account of heavy damage to trees in Kotla Sadat P. F. Mr. Sadiq Altaf, Range Forest Officer, Ghazighat was appointed as Enquiry Officer to probe into the matter. The Enquiry Officer conducted the enquiry and gave every oppor­tunity to the appellant to defend the charges levelled against him. The Enquiry Officer submitted his enquiry report, dated 6th July, 1971 with full details and concluded that the appellant was actually responsible for the damage of trees in his beat and thus the charge of misconduct stood proved against…

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