Law: Constitution of Pakistan, 1973

Section: 212(3)

Law: Service Tribunals Act, 1973

Section: 4

(a) Civil service----Departmental appeal---Limitation---Appellate authority was justified to dismiss time-barred appeal. (b) Civil service----Leave---Mere submission of application for leave by an employee to his department would not mean that leave has been granted in his favour, he is duty bound to enquire from the department himself about the fate of his request for grant of leave. (c) Constitution of Pakistan (1973)--- ----Art. 212(3)---Service Tribunals Act (LXX of 1973), S.4---Service Tribunal had given findings of fact against the petitioner after reappraisal of evidence and upheld the order of the department that his departmental appeal was time-barred, therefore, appeal before the Service Tribunal was not maintainable---Petitioner thus, had challenged the vires of the concurrent orders of the department and impugned of the Service Tribunal through petition under Art.212(3) of the Constitution and had failed to raise any question of public importance---Validity---Supreme Court, held, could not interfere with the concurrent findings of fact arrived at by the courts below while exercising powers under Art.212(3) of the Constitution in circumstances---Principles. Iftikhar Ahmed Malik's case 2005 SCMR 806; Tahir Latif's case 2007 SCMR 152; Ch. Muhammad Azim's case 1991 SCMR 255; Chairman PIA and others v. Nasim Malik PLD 1990 SC 951 and Muhammad Aslam v. WAPDA and others 2007 SCMR 513 ref. (d) Service Tribunals Act (LXX of 1973)--- ----S. 4---Appeal to Service Tribunal---Scope---Service Tribunal had no jurisdiction to convert the penalty, while observing that appellate authority dismissed the appeal of civil servant as time-barred. ORDER CH. IJAZ AHMED, J.---Zia-ur-Rehman, petitioner, seeks leave to appeal against impugned judgment, dated 27-12-2008 whereby the learned Federal Service Tribunal, Islamabad, has partly accepted his appeal by converting his dismissal into removal from service. . 2. Detailed facts have already been mentioned in the impugned judgment, however, necessary facts out of which the present petition arises are that the petitioner was appointed as Postman (BS-5) on 9-3-1999 initially on daily wages basis. Subsequently he was regularized…

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