Law:

Section:

(a) Service Tribunals Act (LXX of 1973)S. 4Constitution of Pakistan (1973), Art. 212(3)Dismissal of appeal as timebarredValidityLeave to appeal was granted to examine whether Service Tribunal had correctly found that appeal filed by civil servant was timebarred and, thus,, untenable. (b) Service Tribunals Act (LXX of 1973) S. 4Constitution of Pakistan (1973), Art. 212Appeal before Service TribunalLimitationDismissal of appeal on ground of being time-barredValidityOrder which aggrieved the civil servant with regard to his seniority was promptly challenged by civil servant in departmental appealService 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 barredProvision of S. 4, Service Tribunals Act, 1973 confers right on civil servant to appeal against original or appellate order of Departmental AuthoritySuch right could not be restricted to only original order and not the appellate orderCivil servant having filed appeal within thirty days from appellate order before Service Tribunal, same was within timeCase was remanded to Service Tribunal for decision on issues other than limitation. Appellant in person. Mumtaz Ali Mirza, Deputy AttorneyGeneral instructed by Khan Imtiaz Muhammad Khan for Respondents. Date of bearing: 30th November, 1993. ORDER SHAFIUR RAHMAN, J.Leave to appeal was granted under Article 212(3) of the…

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