Case Details

Citation(s)
1995 SLG 1549 1995 SLD 1549 1995 PLC 1067
Service Tribunal, Sindh
Appeal No. 74 of 1994, decided on 22nd November, 1994.
MUNAWAR ALI KHAN, CHAIRMAN, AND GHULAM ABBAS SOOMRO AND NASIM HAIDER, MEMBERS

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Malik MUHAMMAD RIAZ

VS

Law:

Section:

(a) Sindh Service Tribunals Act (XV of 1973)-- ----S. 4---Appeal---Limitation---Appeal before Service Tribunal against order passed in Departmental appeal was filed by civil servant after delay of 13 days from statutory period of 30 days---Civil servant neither had filed application for condonation of such delay nor had given any cogent reason to excuse that delay---Appeal could not be entertained on account of being time-barred. (b) Police Rules, 1934--- R. 9.7---Date of birth---Change of---Civil servant who was a police officer was retired after attaining age of superannuation ---Civil servant challenged his date of birth as entered in his service record on basis of Medical Certificate produced by him at the time of his appointment---Civil servant who could get this date of birth changed on furnishing adequate documentary evidence within two years of his employment, remained silent for more than 30 years and did nothing to agitate against such entry despite it being within his conscious knowledge---Civil servant who had slept over his right for about 30 years, could not be allowed to agitate dead issue at such belated stage. 1994 SCMR 1633 ref. Mumtaz Burney for Appellant. Abdul Latif Ansari, A.A.G. for Official Respondent. Date of hearing: 16th November, 1994. JUDGMENT GHULAM ABBAS SOOMRO (MEMBER):---This appeal is directed against the impugned order dated 7-2-1994 Annexure `B' passed by the Al.-G. Crime, Karachi retiring the appellant from service on attaining the 2. Facts of the case are that the appellant was appointed as Constable on .26-2-1954 in Karachi Police and subsequently promoted upto the rank of A.S.I. At the time of employment his date of birth was entered as 16-2-1934 in the service record. On h basis of medical certificate dated 12- - 954 which indicated appellant's age as 20 years. After completion of more than 30 years service appellant suddenly ventured to get his date of birth changed and anti-dated to 20-10-1936 and as such applied to A.I.G. Police Grimes vide his application dated 3-3-1992 (Annexure `A') that his date of birth viz. 16-2-1934 having been erroneously entered in the record, the same was required to be corrected and shown…
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