Law:

Section:

Constitution of Pakistan (1973)--- ----Art. 212(3)---Withdrawal of departmental appeal by petitioner and preferring second departmental appeal---Petitioner's appeal filed before Service Tribunal, after decision of his second departmental appeal, was time-­barred---Service Tribunal had recorded that petitioner had withdrawn his appeal---Petitioner's contention that he had not withdrawn his appeal but wanted to press it was not supported from record---Even if what Service Tribunal had recorded was to be ignored still, appeal fled before Service Tribunal was time-barred---Leave to appeal was refused in circumstances. Petitioner in Person. Nemo for Respondents. Date of hearing: 23rd November, 1993. ORDER SHAFIUR RAHMAN, J.---The petitioner seeks leave to appeal against the order of the Punjab Service Tribunal dated 3-8-1991 dismissing the service appeal of the petitioner as withdrawn. 2. The petitioner retired from the service on completion of 25 years of service by reference to clause (ii) of Section 12 of the Punjab Civil Servants Act, 1974, on 7-5-1986. He appealed against his retirement but it was dismissed on 13-4-1987. He preferred a second appeal on 19-9-1987 which was dismissed on 5-7-1989. This second appeal was addressed to the Secretary to Government of the Punjab, Agriculture Department, Lahore. The reason for filing a second appeal not warranted in the Rules of service was provided by submitting that the post which the petitioner was holding before his retirement…

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