Law:

Section:

JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN). Appellant Bashir Ahmed was enrolled as Labourer in Sta Health Org. of CMH., Mardan on 171982. He made an application dated 771991 wherein he stared that he intends to go to Saudi Arabia where he has sought some job and in his place his brother Mumtaz Khan may be appointed and his entire service of'8 years may be transferred to his credit. This request being not tenable was not responded and accordingly he was discharged from service with effect from 121992, to which he filed appeal but the same was rejected and he was informed fide letter dated 2681992. He has filed this appeal before the Tribunal on 1861994. 2. Preadmission notice was issued to the respondents for comments and the appeal was admitted for regular hearing. 3. At the time of regular hearing, the appellant argued the appeal, with the assistance of M/s. Muhammad Rafiq, Lift Operator, Peshawar High Court and one Muhammad Nazir, purportedly to be known as brothers of the appellant. It is submitted that since appellant's request for transfer of service to his brother was not acceded to and he was on duty and had been drawing salary up to 3111992 whereafter he was discharged from service with effect from121992 without notice and the order is illegal. 4. Mr. M. Javid Aziz Sandhu, the learned Standing Counsel for the respondents, alongwith the departmental representatives, has taken the objection of limitation that the appeal is hopelessly barred by time and there is no application for condonation of delay, therefore, it is liable to be dismissed on this score alone. On merits, it is submitted that after making application on 771991, the appellant went away to Saudi Arabia but Col. Aziz continued making payment of his salary to his brother but name in the roll continued to be of the appellant, and the appellant taking advantage of this, has come before the Tribunal with mala fide intention and wants service. According to Col. Ashraf, the appellant was convicted in Saudi Arabia and was deported and on his return he, with mala fide intention taking advantage of illegality of Col. Aziz filed this appeal. 5. Before adverting to the merits of the case, we have first…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492