Law:

Section:

Sind Civil Servants (Efficiency and Discipline) Rules, 1973-- --R. 4--Sind Service Tribunals Act (XV of 1973), S. 4--Adverse remarks against civil servant--Inordinate delay in filing appeal--Appeal before Service Tribunal was required to be filed within thirty days of the communication of impugned order--Civil servant's appeal, filed after a period of three years was thus incompetent and not maintainable--Each day of limitation had to be properly and satisfactorily explained--Such delay having not been explained, appeal was dismissed as time-barred. "Commissioner of Income-tax v. Pir Ahmad Khan 1981 S C M R 37 rel. JUDGMENT MOBEEN AHMAD KHAN (MEMBER).--The appellant, Allah Bakhsh Kaka, joined service as Teacher in District Commercial High School, Hyderabad w.e.f. 16-8-1954. As a result of provincialization of all District Councils High Schools, the services of the appellant were also taken over by the Government of Sind w.e.f. 1-10-1972. While he was posted as Headmaster, Government High School, Perumol, District Sanghar, he received a memo. D.O. No. Admn-I (l)-57 66-671/1983 dated. 3-7-1984 from the Deputy Director (Admn), Hyderabad Region whereby adverse remarks given to him by the Director Schools Education, Hyderabad for the period from 1st January, 1983 to 31st December, 1983 were communicated to him. The adverse evaluation as made by the reporting officer and agreed to by the countersigning officer are contained at Annexure `A' of the case file. The appellant after receipt of the aforementioned memo. made a representation dated 22-8-1984, though the same as per rules was to be filed within a period of one month i.e. by 3-8-1984 the latest. It is asserted by the appellant that after having waited for a period of about four years when the appellant did not receive any response he made an application on 15-10-1988 to the Director Schools, Education, Hyderabad reminding that he had not received any decision of the competent authority on his representation for expunction of adverse remarks made by him on 22-8-1984. The Director Schools Education, Hyderabad vide his letter dated 24-10-1988 informed the appellant that the decision of the competent authority on…

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