Law:

Section:

Service Tribunals Act (LXX of 1973)-- ---S. 4---Service Tribunals (Procedure) Rules, 1973, R. 8---Appeal--­Limitation---Condonation of delay---Departmental appeal filed by civil servant against his dismissal from service remained unresponded---Appeal before Service Tribunal against order of dismissal which was to be filed within one hundred and twenty days from date of filing departmental appeal, was filed by civil servant after delay of eight days---Civil servant did not file application for condonation of such delay duly supported by affidavit as required under R. 8 of Service Tribunals (Procedure) Rules, 1974---Grounds taken by appellant/civil servant for condonation of delay in filing appeal being not reasonable, delay could not be condoned---Appeal was dismissed being barred by time, in circumstances. Mrs. M.N. Arshad v. Miss Naeema Khan PLD 1990 SC 612; 1987 SCMR 1119 and PLD 1992 SC 825 ref. JUDGMENT ABDUL RAZZAQ A THAHIM (CHAIRMAN).---Dr. Muhammad Sohail Akhtar Qureshi was appointed as Medical Officer in BPS-17 on 15th June, 1990 in the Pakistan Institute of Medical Sciences (PIMS) and was posted in the Department of Psychiatry. He was charge-sheeted on 1-6--1994. The allegations against the appellant are that on the day of incident i.e. 31-5­1994 he asked Dr. Farooq Akhtar, Assistant Director for cancellation of transfer of one ward boy- Multan Khan from Medical Officers' Hostel. On the refusal of Dr. Farooq Akhter, it is alleged that the appellant slapped on his face at about 2-00 p.m. in front of the Executive Director's office in presence of a number of employees of PIMS. An inquiry was conducted and the appellant was found guilty of the charge. Finally, by order dated 26-6-1994, he was dismissed by the Executive Director, PIMS. The appellant filed appeal to the Secretary, Ministry of Health on 17-7-1994, which remained unresponded. He then filed this appeal before the Tribunal on 23-11-1994. 2. When the appeal fixed on 1-12-1994 for preliminary hearing, Mr. Raja Muhammad Asghar Khan, Advocate requested for time to file amended memo. of appeal and he filed amended appeal on 19-12-1994, alongwith the application for condonation of delay under section…

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