| Citation(s) |
|---|
| 2002 SLG 1279 2002 SLD 1279 2002 SCMR 918 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 151-K of 2001, decision dated: 19-06-2001.(On appeal from the judgment/order, dated 15-1-2001, of the Sindh Service Tribunal, at Karachi, passed in Appeal No.36/2000)
SYED DEEDAR HUSSAIN SHAH AND HAMID ALI MIRZA, JJ
Akhlaq A. Siddiqui, Advocate-on-Record for Petitioner
Civil Petition for Leave to Appeal No. 151-K of 2001, decision dated: 19-06-2001.(On appeal from the judgment/order, dated 15-1-2001, of the Sindh Service Tribunal, at Karachi, passed in Appeal No.36/2000)
SYED DEEDAR HUSSAIN SHAH AND HAMID ALI MIRZA, JJ
Akhlaq A. Siddiqui, Advocate-on-Record for Petitioner
MUHAMMAD HAYAT SALEEM
VS
GOVERNMENT OF SINDH through Secretary, Excise and Taxation Department, Karachi and others
Law:
Section:
Service Tribunals Act (LXX of 1973)---S. 4---Limitation Act (IX of 1908), S.5---Constitution of Pakistan (1973), Art.212(3)---Appeal before Service Tribunal---Delay, condonation of--Authority passed final order against civil servant on 17-12-1999 but he filed appeal before Service Tribunal after 60 days alongwith application under S.5 of Limitation Act, 1908---Tribunal was not convinced with the grounds advanced fox condonation of delay, because civil servant was in full knowledge of the facts---Civil servant also failed to satisfy the Tribunal on the point that order dated 17-12-1999 was received by him on 18-1-2000 i.e. with one month's delay-Tribunal dismissed the appeal being time-barred--Validity---Impugned order would show that Service Tribunal was right in dismissing the appeal being time-barred---Supreme Court refused to grant leave to appeal in circumstances. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.-----Leave is sought against the order of the Sindh Service Tribunal, at Karachi, dated 15-1-2001, passed in Appeal No. 36 of 2000. 2. Brief facts of the case are that the petitioner, who was serving as an Inspector in Excise and Taxation Department, was booked by Anti-Corruption Department in a case, and after his conviction by the Summary Military Court he was dismissed from service on 27-11-1978. Consequently, the petitioner's conviction was set aside by D.M.L.A. vide Order No.AQ/KL/306/64/D, dated 29-12-1985 and he resumed his duties on 9-1-1986. Thereafter, he approached the Secretary to Government of Sindh, Excise and Taxation Department, Karachi, through an appeal, which is at pages 44-45 of the paper book, and its last paragraph reads as under: "The appellant under duress and coercion executed such order taking in the terms, desired by the Department the aforesaid undertaking was given under duress as such does not constitute wave of legal rights of the appellant to claim benefits he cannot be deprived of the same." 3. Learned counsel for the petitioner time and again was required to pin-point on which date this appeal was filed and what was…
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