Law: Service Tribunals Act, 1973

Section: 4

Law: Constitution of Pakistan, 1973

Section: 212(3)

Service Tribunals Act (LXX of 1973)---- ----S.4---Constitution of Pakistan (1973), Art.212(3)---Dismissal from service ---Time-barred appeal---Departmental appeal was delayed by more than one and a half years which was dismissed and result was conveyed to the civil servant---Memo. of appeal under S.4 of Service Tribunals Act, 1973, was beyond time and the same was dismissed as incompetent--­Validity ---Civil servant was himself to blame for not persuing the matter with due diligence and order of his removal from service, dated 27-8-1995 was made subject-matter of departmental appeal by him only on 31-12-1996 and that too without showing sufficient cause for belated resort thereto--­Order of Service Tribunal, had not been shown to be suffering from any taint whatever---Leave to appeal was refused. The Chairman, PIAC and others v. Nasim Malik PLD 1990 SC 951 ref. ORDER CH. MUAHMMAD ARIF, J.---Leave is sought against the judgment, dated 13-3-1997 whereby the Federal Service Tribunal dismissed petitioner's appeal, against the final order, dated 31-12-1996, as incompetent. 2. The background in which the instant petition has arisen is that petitioner-Muhammad Shoib Khan was working as Medical Technologist in National Institute of Child Health, NICH for short, Karachi when, as a consequence of disciplinary proceedings against him, he was removed from service vide Notification No.PF.18-MSK/NICH/PER-I, dated 27-8-1995 which reads thus: "GOVERNMENT OF PAKISTAN (MINISTRY OF HEALTH) Islamabad, the 27th August, 1995 NOTIFICATION No. PF.18.MSK/NICH/PER. I.--Consequent upon the action taken against him under the Government Servants (Efficiency and Discipline) Rules, 1973 on the charge of "Misconduct" the competent Authority has been pleased to impose the major penalty of removal from service upon Mr. Muhammad Shoaib Khan, Medical Technologist (BPS. 16) . National Institute of Child Health Karachi with immediate effect. (Sd.) (FAZAL KARIM), DEPUTY SECRETARY (PERSONAL)" The petitioner submitted an appeal to the Director NICH, Karachi contending that he had applied for casual leave from 6-3-1995 to 24-3-1995, with a view to celebrate Eid-ul-Fiter but as he fell sick, he was…

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