Law: Service Tribunals Act, 1973

Section: 4(2)

Service Tribunals Act (LXX of 1973)--   ---S.4(2)--Appeal to Service Tribunal--Competency of--Limitation to count from date of the operative order--Order of reduction in pay as penalty, challenged--Appeal dismissed as incompetent because of limitation--Plea that order awarding penalty was communicated to appellant for first time in reply to his application, not entertained-­Appellant was aware of proceedings resulting in order of reduction in pay which was not challenged at all--Appeal against subsequent communication incorporating award of penalty, held, incompetent because subsequent communication could not be deemed to be an operative order--Appeal being badly time-barred its dismissal by Service Tribunal on that score upheld. JUDGMENT NASIM HASAN SHAH, J.--This appeal, by leave of this Court, is directed against the judgment dated 17-11-1985 passed by the Federal Service Tribunal, Islamabad. The relevant facts are that the appellant, a Sub-Inspector in the Watch and Wards Department of the Railway Police, was awarded punishment for reduction in pay by two stages below in the time scale vide order of the Authority dated 14-6-1983 but, according to the appellant, he was not communicated this order and came to know about it only by letter dated 21-8-1984 sent to him by the superinten­dent, Pakistan Railways Police, Karachi, on the subject of the fixation of pay in Basic Scale 7 (Selection Grade) of ASI. He thereafter made a representation on 26-8-1984 to the departmental authority against the fixation of pay mentioned in this letter and as no reply was received to his representation he filed an appeal before the Federal Service Tribunal after the expiry of the statutory period of 90 days on 8-12-1984. This appeal was dismissed by the order of the Federal Service Tribunal vide order dated 17-11-1985 as being incompe­tent and as barred by time. This order is impugned by this appeal. The contention of the appellant is that the impugned order dated 14-6-1983 was communicated to him for the first time through a letter dated 21-8-1984 which was in reply to his application dated 7-7-1984 protesting against the fixation of pay. Inasmuch as he was dissatisfied…

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