Law:

Section:

Service Tribunals Act (LXX of 1973)-------S. 4, proviso---Constitution of Pakistan (1973), Art.212(3)---Termination of service of civil servant without show-cause notice during probation period on ground of unsatisfactory performance---Appeal---Limitation---Only one appeal, review or representation before the Competent Authority was maintainable which remedy was availed by the civil servant and decision of rejection thereof was communicated to him within 90 days, which should have been challenged by the civil servant before the Service Tribunal within 30 days but he did nothing for more than six months and thereafter filed an incompetent appeal to the higher Authority---Effect---Such incompetent appeal to the higher Authority would neither create fresh cause of action nor would extend the period of limitation, as such, the Service Tribunal was justified to hold the appeal of the civil servant to be barred by time--­Competent Authority, on finding the performance of the civil servant unsatisfactory during probationary period could dispense with his services without issuing any show-cause notice---Principles. Proviso to section 4 of the Service Tribunals Act, 1973 provides that where the remedy of an appeal, review or representation to a Departmental Authority is provided, no appeal would lie to the Tribunal unless aggrieved civil servant has preferred an appeal, review or representation to Departmental Authority which if is not decided and communicated within 90 days, an appeal would lie before the Tribunal within 30 days and if departmental appeal, review or representation is decided within 90 days and decision thereof is communicated, the appeal to the Tribunal would lie within 30 days from the date of the communication of decision of departmental appeal. In the aforesaid section words 'an appeal, review, or representation' have been used twice, the meaning of word 'an' is equivalent to 'one' or 'any'; seldom used to denote plurality', as such, according to law only one appeal, review or representation before the competent Departmental Authority was maintainable which remedy was availed by the civil servant and decision of rejection thereof was communicated to…

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