Law:

Section:

(a) Civil service-------Appeal before Service Tribunal---Limitation---Limitation for a civil servant to go in appeal before Service Tribunal could not in any case be stretched beyond one hundred and twenty days. 2003 SCMR 826 ref. Muhammad Siddique v. Mian Amir Khisro 1985 SCMR 1848 and Ghulam Ali Memon's case 2000 SCMR 1474 rel. Constitution of Pakistan (1973)--- ----Art. 212(3)---Question of limitation, though raised before Service Tribunal, but remained unattended---Effect---Supreme Court suo motu could entertain such question. Mian Allah Nawaz, Advocate Supreme Court for Petitioner. Dr. Mohy-ud-Din Qazi, Advocate Supreme Court for Respondents. Date of hearing: 26th April, 2005. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.---Learned counsel for the petitioner initiated his arguments saying that the question of limitation has incorrectly been determined against the petitioner and that, in view of 2003 SCMR 826 the period of 90 days is restricted only to wait before filing an appeal and that section 4 of the Service Tribunals Act is silent on the point as to how much period thereafter the civil servant would go to the Service Tribunal. 2. We have gone through the impugned judgment but were not satisfied that it laid down a proper interpretation of section 4 of the Service Tribunals Act. Moreover, it runs contrary to the verdict of a larger Bench (of four Judges) of this Court rendered in the case of Muhammad Siddique v. Mian Amir Khisro 1985 SCMR 1848 and another ruling in Ghulam Ali Memon's case reported as 2000 SCMR 1474 where it has been settled authoritatively that limitation for a Civil Servants to go in appeal before the Service Tribunal cannot, in any case, be stretched beyond one hundred and twenty days. 3. The original order against the…

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