Law:

Section:

Service Tribunals Act (LXX of 1973)-------S. 4---Constitution of Pakistan (1973), Art. 212 (3)---Dismissal from service---Time-barred departmental representation---Civil servant was dismissed from service and his departmental representation was dismissed being barred by 185 days---Appeal before Service Tribunal was also dismissed---Plea raised by the civil servant was that letter of removal from service was received by his brother with whom the civil servant was not at good terms---Validity---If a person had been negligent and indolent in prosecuting his remedy before the proper forum, he was not entitled to indulgence of the Court, muchless enlargement of time by 185 days, more particularly, when his departmental representation was not entertained by the Department itself---By not exercising discretion in favour of civil servant, the Tribunal neither acted illegally nor unreasonably---No strong ground was made for interfering with the exercise of discretion by the Tribunal which was neither unfair nor illegal Or unreasonable---Once departmental appeal had been rejected as barred by time, service appeal would be incompetent, unless for sufficient reasons, Tribunal deemed it fit to condone the delay---Service Tribunal had decided otherwise to which Supreme Court declined to take any exception---No question of law of public importance was spelt out from the circumstances---Leave to appeal was refused. Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 9th February, 2004. JUDGMENT RANA BHAGWANDAS, J.--- Petitioner seeks leave to appeal against the judgment of the Federal Service Tribunal (hereinafter referred to as the Tribunal) dated 7-6-2002 dismissing his service appeal against removal from service of National Highway Authority, as his departmental appeal against the penalty was rejected as barred by 185 days. 2. Precisely stated, after service of a show-cause notice on the petitioner, obtaining his reply and enquiring into the charge of unuathorised absence from duty for a long period of time, competent authority ordered removal of the petitioner from service vide letter dated 23-5-2001. For the first time,…

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