Law:

Section:

(a) Service Tribunals Act (LXX of 1973)--­--S.4---Constitution of Pakistan (1973), Art. 212(3)---Dismissal of appeal as time-barred---Validity---Leave to appeal was granted to examine whether Service Tribunal had correctly found that appeal filed by civil servant was time-barred and, thus, untenable. (b) Service Tribunals Act (LXX of 1973)--S.4---Constitution of Pakistan (1973), Art. 212---Appeal before Service Tribunal--- Limitation---Dismissal of appeal on ground of being time-barred--­Validity---Order which aggrieved the civil servant with regard to his seniority 1 was promptly challenged by civil servant in Departmental appeal---Service Tribunal had taken view that after filing Departmental appeal, civil servant should have come to Service Tribunal within 120 days available to him and that appeal having been filed after such available period was time-barred---Provision of S.4, Service Tribunals Act, 1973 confers right on civil servant to appeal against original or appellate order of Departmental Authority---Such right could not be restricted to only original order and not the appellate order---Civil servant having filed appeal within thirty days from appellate order before Service Tribunal, same was within time---Case was remanded to Service Tribunal for decision on issues other than limitation. Appellant in person. Mumtaz Ali Mirza, Deputy Attorney-General instructed by Khan Imtiaz Muhammad Khan for Respondents. Date of hearing: '30th November, 1993. ORDER SHAFIUR RAHMAN, J.---Leave to appeal was granted under Article…

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