Law:

Section:

Service Tribunals Act (LXX of 1973) S. 4 Constitution of Pakistan (1973), Art. 212 Civil servant Penalty for misconduct Service Tribunal dismissing civil servant's appeal on ground of limitation Validity Two periods of limitation for preferring appeal to Service Tribunal have been prescribed by provision of S. 4, Service Tribunals Act, 1973 Aggrieved civil servant can come to Service Tribunal after his appeal/representation before the department had been disposed of, or, he can wait for the decision of his departmental appeal for 90 days and then file appeal before Service Tribunal without waiting any further Civil servant chose to wait for final decision on his departmental appeal and he filed appeal before Service Tribunal within 30 days of the communication of the order of rejection of his appeal Civil servant's departmental appeal though was rejected on 30 9 1986, order of rejection was not communicated to him till 21 11 1986 and he preferred appeal on 4 12 1986 Civil servant's appeal, thus, could not be dismissed on ground of limitation Judgment of Service Tribunal was set aside and case was remanded for disposal in accordance with law. JUDGMENT SAAD SAOOD JAN, J. This appeal by special leave is from the judgment dated 24 10 1991 of the Federal Service Tribunal. 2. The appellant was a Line Superintendent under the respondent Authority and was at the relevant time posted in Faisalabad. There was an allegation against him that he had been negligent in the performance of his duties which had led to shortage of ACSR `Dog' conductors. Disciplinary proceedings were taken against him and as a consequence thereof, by an order dated 6 3 1985 he was directed to make up the loss in the sum of Rs.1,25,000 which the Authority had suffered. The said amount was to be recovered by deductions from his pay. He filed a departmental appeal against the penalty imposed upon him on 24 3 1985. The appeal remained unattended whereupon he moved the Wafaqi Mohtasib in the matter. Under the direction given by the Wafaqi Mohtasib the appellate authority took up the consideration of the appeal and by an order dated 30 9 1986 rejected the same. The rejection was conveyed to him on 21 11…

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