| Citation(s) |
|---|
| 1995 SLG 1523 1995 SLD 1523 1995 PLC 945 |
Federal Service Tribunal, Islamabad
Appeal No. 300-L of 1994, decided on 12th April, 1995.
ABDUL RAZZAQ A. THAHIM, CHAIRMAN AND NOOR MUHAMMAD MAGSI, MEMBER
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Appeal No. 300-L of 1994, decided on 12th April, 1995.
ABDUL RAZZAQ A. THAHIM, CHAIRMAN AND NOOR MUHAMMAD MAGSI, MEMBER
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ASGHAR ALI
VS
COMMANDANT SHAHBAZ RANGERS, SUKKUR and 2 others
Law:
Section:
Service Tribunals Act (LXX of 1973)--- ----S. 4---Pakistan Rangers (Efficiency and Discipline) Rules, 1966---Appeal--Competency---Civil servant after dismissal of his Departmental appeal by Competent Appellate Authority against punishment awarded to him and also against his dismissal from service, instead of coming to Service Tribunal wasted his time in making further appeal before the Authority which was not Appellate Authority in his case---Appeal filed by civil servant before Service Tribunal after about one year was time-barred---In absence of any application for condonation of such delay, appeal riled ,by civil servant before Service Tribunal was dismissed on ground of limitation. Muhammad Sher Joya for Appellant. Ch. Muhammad Hussain for Respondents. Date of hearing: 31st January, 1995. JUDGMENT NOOR MUHAMMAD MAGSI (MEMBER): --The appellant while serving as a Sepoy (Batman) in 41 Wing, Shahbaz Rangers, is alleged to have scuffled with a Senior S.I. Clerk Muhammad Hanif and slapped on his face on 6-9-1993. Consequently he was arrested and confined in the Quarter Guard. As a result of his trial he was awarded one year's imprisonment in Civil Jail and was also dismissed from service by order dated 28th September, 1993. 2. Feeling aggrieved by the aforesaid punishment of one year's R.I. and that of dismissal, the appellant submitted a departmental appeal to the Director-General, Pakistan Rangers, Ghazi Road, Lahore on 10-10-1993. But vide order dated 7th November, 1993, the same was considered and rejected by the competent Authority. Instead of agitating his grievance before the Service Tribunal, he filed yet another appeal on 20-11-1993 to the Secretary, Ministry of Interior, Islamabad. Since he did not receive any reply to his second appeal from the Interior Division, therefore he filed Writ Petition No.10754/94 in the Lahore High Court for issuance of direction to the respondent for earlier disposal of his second appeal. When notice of the writ petition was sent to the Ministry of Interior; they issued letter dated 6th October, 1994 mentioning thereon that there was no right of second appeal under the provisions of Pakistan Rangers (E and D) Rules, 1966…
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