| Citation(s) |
|---|
| 2009 SLG 3131 2009 SLD 3131 2009 PLC 114 |
Supreme Court of Pakistan
Civil Petitions Nos.565-K to 569-K and 828-K of 2003, decided on 13th May, 2005.
HAMID ALI MIRZA, M. JAVED BUTTAR AND NASIR-UL-MULK, JJ
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Civil Petitions Nos.565-K to 569-K and 828-K of 2003, decided on 13th May, 2005.
HAMID ALI MIRZA, M. JAVED BUTTAR AND NASIR-UL-MULK, JJ
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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)---Appeal to Service Tribunal---Limitation---Appeals filed by the petitioners were dismissed by the Service Tribunal on the ground that same were time-barred as same were not filed within 120 days from the date of termination order---Departmental appeals filed by petitioners before competent Authority were not responded and no decisions were communicated to petitioners---Authority, on reminder, informed the petitioners that their departmental appeals were rejected---Appeals filed by the petitioners before the Service Tribunal within 30 days from receipt of communication that departmental appeals of petitioners were rejected, could not be said to be time-barred---Finding of the Tribunal that appeals filed by the petitioners were time-barred thus, could not be sustained---Petitions were converted into appeals and allowed, impugned orders passed by the Tribunal were set aside and appeals were remanded to the Tribunal for decision of the same on merits after hearing the parties. ORDER HAMID ALI MIRZA, J.---Heard learned counsel for the parties at length and perused the record. 2. The appeals of the petitioners were dismissed by learned Federal Service Tribunal on the ground that the appeals before the Tribunal were time-barred as the same were not filed within 120 days from the date of termination orders. However, in the instant cases…
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