Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)-- ---S.4--Dismissal of civil servant--No appeal filed within limitation-­Mercy petition filed after years of dismissal order--Effect--Order of dismissal having attained finality years back, held, could not be allowed to be re-opened by filing miscellaneous petition. Government of Pakistan v. Bashir Ahmad Khan P L D 1985 SC 309 ref. (b) Punjab Service Tribunals Act (IX of 1974)-- ---S.4--Important and basic requirements to be kept in view by civil servants while filing appeal. It is high time that public servants dealing with matter should clearly understand that before taking a decision or dealing with matter in hand, they are under legal obligation to ensure the following:- (1) That appeal or representation is provided by law. (2) That they are competent to deal with the matter. (3) That appeal/ representation has been moved within the prescribed limitation and in absence of any prescribed period within reasonable time. These are the most important and basic requirements, which a diligent and efficient public servant is supposed to keep in view. The civil servant, who does not keep legal provisions in view whether it is done to help somebody or on account of ignorance of law, he should be proceeded under Efficiency and Discipline Rules for gross misconduct. (c) Punjab Service Tribunals Act (IX of 1974)-- ---S.4--Filing of appeal--Departmental remedy of review not availed of by civil servant--Effect--Without availing departmental remedy of review, civil servant, held, could not appeal to Service Tribunal--Appeal being devoid of merit was dismissed in circumstances. Riaz Anwar for Appellant. JUDGMENT IHSANUL HAQ CHAUDHRY (CHAIRMAN).--The relevant facts for the decision of the present appeal are that the appellant was serving as S.D.O. in the Public Health Engineering Department. He was posted at Jhelum in the year 1979 when he was served with show-cause notice dated 11-8-1982 on the following charges:- (1) That according to contract specification crush bedding was required to be provided under sewer laid at Jadda Road Jhelum against the work of Messrs Mirza Fazal Karim & Sons, Sargodha but on inspection of…

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