Law:

Section:

(a) North-West Frontier Province Service Tribunals Act (I of 1974)--S. 4---Appeal to Service Tribunal---Scope---Departmental appeal barred by limitation---Effect---If the Departmental Authority had not dismissed the departmental appeal on the ground of bar of limitation, Service Tribunal of its own could hold the appeal before the Tribunal as incompetent in view of the said bar of limitation. (b) Civil service--- ----Promotion---Grant or refusal of Selection Grade---Inquiry pending against civil servants---Effect---If an inquiry was pending against the civil servant under relevant Efficiency and Discipline Rules, or the adverse findings had been recorded against him, then the delinquent civil servant was not to be considered for grant of selection grade or promotion till the inquiry was finalized---Where the inquiry could not attain finality and in the meantime civil servant voluntarily opted for leave preparatory to retirement, Service Tribunal was justified to have not granted the relief of selection grade to civil servant in circumstances. M. Asif Khan, Advocate Supreme Court instructed by Hussain Khan, Advocate-on-Record (absent) for Petitioner. Imtiaz Ali, Additional Advocate-Gernal, N.-W.F.P. for Respondents. Date of hearing: 11th August, 1999. ORDER MUHAMMAD BASHIR JEHANGIRI, J.---Muhammad Akbar Khan petitioner seeks leave to appeal against the dismissal of his appeal by the learned N.-W.F.P. Service Tribunal, Peshawar, (hereinafter called as the Tribunal) on 2. The facts of the case, briefly stated, are that the petitioner had joined Police Department in the Government of N.-W.F.P, as Police constable on 14-12-1968 and in due course was promoted as A.S.I. vide order dated 19-3­1988. While he was posted at Jangli Check Post on 11-8-1996, a complaint of corruption had surfaced against him. On 11-12-1996, the petitioner moved an application for L.P.R. which was accepted on 14-12-1996. It appears that some junior A.S.Is., in the meantime, were granted selection grade from BPS-9 to BPS-11. The petitioner filed departmental appeal to respondent No.2 on 19-8-1977 for selection grade. As respondent No.2 did not respond to the departmental appeal of the…

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