Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-------S.4---Government Servants (Efficiency and Discipline) Rules, 1973, Rr.3 & 4---Appeal against dismissal from service---Limitation---Appeal was filed after about three and half years of dismissal---Appellant had submitted that he could not file appeal in Service Tribunal as he filed constitutional petition in High Court against dismissal order---Being a civil servant, appellant was required to file an appeal in Service Tribunal---Wrong judicial forum having been selected by appellant, benefit of his own negligence could not be given to him---Even constitutional petition was filed by appellant after three years of his dismissal from service and present appeal was filed after three and half years of his dismissal from service---No indulgence could be shown to the appellant, his appeal was dismissed being time-barred. (b) Government Servants (Efficiency and Discipline) Rules, 1973--- ----Rr. 3 & 4(1)(b)(iv)---Service Tribunals Act (LXX of 1973), S.4---Dismissal from service---Appeal---Appellant was dismissed from service after charge-sheeting him and holding inquiry against him on charge that he had appeared before Medical Board, but had not got Laboratory test---No explanation had been given by appellant as to why he did not undergo Laboratory test---Authorities not only had served appellant with a charge-sheet, but also with a final show-cause notice and also gave him an opportunity to explain his position---Entire procedure, as prescribed in Service Rules, having been followed in letter and spirit by department, no illegality was found in proceedings which resulted into appellant's dismissal from service---Appeal otherwise being time-barred, was dismissed, in circumstances. Nazeer Ahmad Quraishee for Appellant. Date of hearing: 25th October, 2004. JUDGMENT MOAZZAM HAYAT (MEMBER).---Appellant Rafi-ud-Din was a Driver in Sui Northern Gas Pipelines Limited. He was dismissed from service vide order dated 3-1-2001. The legality and validity of the dismissal order has been challenged by him in his present appeal. 2. We have heard the learned counsel for the appellant and have also perused the record. 3. As stated…

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