Law:

Section:

Service Tribunals Act (LXX of 1973)--- ----S. 4---Appeal---Maintainability---Civil servant's departmental appeal against his grievance, which itself was time-barred, was dismissed by Appellate Authority---Civil servant, instead of filing appeal before Tribunal within prescribed period of thirty days against dismissal order of Appellate Authority, first made representation to Wafaqi Mohtasib after more than 2 years from dismissal of departmental appeal and thereafter filed Constitutional petition which later on was withdrawn by civil servant---Appeal filed by civil servant before Tribunal after about three years from dismissal of departmental appeal was patently time-barred as his prosecuting remedy with Wafaqi Mohtasib o~ -before High Court after about more than three years of final order, was at hi: own risk and cost and time spent there could not be treated as bona fide Atiqur Rehman Qazi for Appellant. Date of hearing: 6th June, 1994. JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN).---The facts of this appeal are that the appellant was selected for appointment as Senior Auditor (B-11) in the Military Accounts Department by order dated 27-9-1990 and according to the appointment order, he was supposed to join by 31st October, 1990 in the office of Deputy CAAF, Lahore. It is argued that his place of posting was changed from Lahore to Field Pay Office, AC(R), Nowshera where he reported for duty on 30-10-1990. In the meanwhile, he appeared in another departmental examination for the post of Probationer Accountant, which he could not qualify. He accordingly made a request for extension of joining time and to allow the appellant to continue as Senior Auditor but his request was not accepted. The appellant made an appeal dated 18-4-1991 but the same was rejected by the Military Accountant-General vide letter dated 22-5-1991. Instead of coming to the Service Tribunal, the appellant made a representation dated 11-8-1993 to the Wafaqi Mohtasib. The appellant also filed Writ Petition No. 955 of 1993 before the Peshawar High Court on 19-3-1994 but the same was withdrawn on 12-4-1994 and such statement was made by him that he wanted to move Service Tribunal. He then filed this…

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