Law:

Section:

(a) Sind Civil Servants Act (XIV of 1973)-- ---S. 23--Sind Service Tribunals Act (XV of 1973), S.4--Appeal, filing of-­Requirements--Civil servant is under obligation to exhaust departmental remedy before coming to Service Tribunal in appeal--Departmental remedy includes appeal, review or representation to departmental authority--Where right of appeal or application for review had been provided, aggrieved civil servant would avail such right within prescribed period--Where no such right was specifically provided, even then Civil servant could make representation to next higher authority within thirty days of communication to him of impugned order. (b) Sind Civil Servants (Appointment, Promotion and Transfer) Rules, 1974-- ---R. 4(1)--Sind Service Tribunals Act (XV of 1973), S.4--Adverse remarks in Annual Confidential Report--Representation for expunction to be made to appointing authority--Minister of Department being appointing authority, civil servant was required to address his representation for expunction, of adverse remarks to such Minister--Representation against such remarks addressed to Secretary/Chief Secretary could not be regarded as representation to prescribed authority--Requirement for filing appeal having not been fulfilled same- was dismissed as not maintainable. (c) Sind Service Tribunals Act (XV of 1973)-- ---S.4--Adverse remarks--Appeal--Limitation--Appeal against adverse remarks to be filed before Service Tribunal within thirty days after expiry of mandatory period of ninety days--Appeal filed beyond that period with no application for condonation of delay would not be maintainable. 1985 P L C (C. S.) 214; 1985 P L C (C. S.) 1108; 1986 P L C (C. S.) 481 and 1986 P L C (C.S) 773 distinguished. Mazhar Imam for Appellant Imdad Hussain Government counsel for Respondents Date of hearing: 19th July, 1988. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).--The appellant, Syed Tauhid Ahmad Jafri, was Vice-Principal, Technical Training Centre, Kotri, when by Letter No. Lab (I)3-12/76, dated 4th June, 1988 of Government of Sind, Labour and Cooperation Department, adverse remarks relating to the years 1983 and 1985 were conveyed to him. On receipt of the said…

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