Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)-- ---Ss. 8 & 9--Limitation Act (IX of 1908), Ss.5 & 15--Appeal to Tribunal after abatement of suit pending before Civil Court--Limitation--Deduction of time required for obtaining copy of order of Civil Court--Filing of copy of abatement order was not a statutory requirement--Time required for obtaining copy of such order was, however, allowable on basis of practice of the Service Tribunal A A I R 1941 Lah. 257; P L D 1967 Kar. 537 and P L D 1974 S C 17 ref. (b) Punjab Service Tribunals Act (IX of 1974)-- ---Ss. 4, 8 & 9--Limitation Act (IX of 1908), Ss. 5 & 12--Appeal--Limitation-­Condonation of delay--Application for condonation of delay on ground of illness-­Appellant under S.4 of Service Tribunals Act, 1974 is not entitled to deduct any period requisite for obtaining copies of order under S. 12 of Limitation Act, 1908--Appellant miserably failing to disclose duration, nature or gravity of his ailment--No allegation that appellant's ailment confined him to bed or incapacitated him to the extent that he could not contact, engage or instruct a counsel--Plea of illness not supported by any medical certificate or any other documentary evidence and each and every day's delay not explained--Explanation for condonation of delay, held, could not be accepted in circumstances. ORDER M. SALEEM CHAUDHARY (CHAIRMAN).--This appeal by Sardar Muhammad, an ex-Assistant Vernacular Clerk, Irrigation Department is directed against the orders of Superintending Engineer, Lower Chenab Canal East Circle, Lyallpur dated 14-12-1972 and Chief Engineer, Lyallpur Region dated 31-3-1972 against his compulsory retirement on the charge of misconduct viz. perfunctory check and collaboration with the Patwari of Chak No. 177/G.B. District Lyallpur to defraud the Government of the canal water rate amounting to Rs.631.96. The appellant initially filed a Suit No. 1356 on 8-10-1973 before the Civil Court at Lyallpur which abated on 19-9-1974 under section 8 of the Punjab Administrative Tribunals Act, 1974 (hereinafter described as the Act) on the constitution of this Tribunal on 22-7-1974. This appeal purporting to be under section 4…

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