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Service Appeal No.327 of 2013, decided on 3rd April, 2014.

----S. 11---Balochistan Service Tribunal Act (V of 1974), S.4---Termination from service---Appeal---Limitation---Appellant, who was terminated from service, failed to file departmental appeal before Competent Authority---Appellant filed appeal against order of his termination from service before Service Tribunal, after a period of about five months and seventeen days, without any plausible explanation for said delay---Civil servant had no unfettered choice to file a representation or appeal, beyond time limit---Aggrieved employee, was necessarily required to agitate his grievance before the appellate forum within prescribed period---Any delay caused in approaching the appropriate/prescribed forum beyond the specified period without sufficient cause, was detriment---No reasonable ground for condonation of delay was taken by appellant in his application---Appeal filed by appellant being time-barred, was dismissed, in circumstances. 1999 PLC (C.S.) 510; 1999 PLC (C.S.) 862; 2010 SCMR 1982 and 2011 SCMR 8 ref. Mushtaq Ahmed Anjum Rajput for Appellant. M. Saleem Baloch, Addl. A.-G. for State. Azher Malik representative on behalf of State. Date of hearing: 7th March, 2014.

This appeal has been filed under section 4 of the Balochistan Service Tribunals Act, 1974 against the impugned order No.SO.(Ministerial)5-8/Edn:/2013/688-75 dated 10-4-2013 whereby the appellant has been terminated from service. 2. Brief history of the case as stated by the counsel for the appellant are that the appellant was appointed as Junior Clerk on 3-9-1988 in the Education Department. Later-on on 27-8-1995 he was promoted as Senior Clerk. During his service he did his law graduation with the permission of his superior officers. 3. On 20-7-2000 he went on extra ordinary leave w.e.f. 20-7-2000 to 30-6-2005. After availing the said extra ordinary leave, he reported back for his duty, wherein he was posted as officiating Senior Clerk, Dera Bugti on 13-8-2005 and thereafter, on 6-11-2008 he was transferred and posted in the office of Deputy District Officer, Education Chaman. On 16-12-2009 he was promoted as Assistant and posted in the office of the Deputy District Education Officer (Female) Chiltan Town, Quetta vide order dated 2-2-2010. 4. On his posting as Assistant in the office of D.D.E.O. (Female) on 23-2-2010 two inquiries were conducted by the respondent No.1, Secretary, Education Department and on the basis of inquiries the appellant was dismissed from service vide impugned order dated 10-4-2013. 5. Appellant being aggrieved by the said impugned order filed the instant appeal. 6. The respondents Nos.1 and 2 in their comments have submitted that the appellant has got himself transfer, relying and submitting fake and bogus documents, therefore, two inquiries were conducted against the appellant and found him guilty with the following remarks: (a) That the petitioner has obtained 1825 days Extra Ordinary Leave on bogus orders. (b) That he had not obtained No Objection Certificate (NOC) from the Education Department for practicing as lawyer during the period of extra ordinary leave. (c) That the petitioner had joined the Education Department, EDO Office Dera Bugti, through transfer/adjustment Order that had not been processed properly from the Establishment Branch. (d) That the transfer/adjustment order from Dera Bugti to Killa Abdullah has also been found fake, since it has not been processed through Establishment Branch, concerned nor number in questions found in the Establishment Branch Dispatch Register. (e) That the Incharge of the establishment Branch and the dealing Assistant of Directorate of Education (Schools) had served explanation letters that why he had not brought the reality of bogus orders of 1825 days extra ordinary leave sanctioned in favour of the petitioner, in the notice of the than Director of Education (School) namely Mr. Muhammad Yousaf Khuda. (f) That the explanation letter was issued to Ex-EDO Dera Bugti Mr. Muhammad Umer Kaisarani and Ex-EDO Dera Bugti Mr.Raza Muhammad Bugti and Mr. Mulazim Hussain, DDO (Male) Chaman for their negligence in terms of not pointing out the reality in the notice of the then Director (Schools). (g) That the explanation call was issued to Mr.Sajjad Hussain for reluctance showed by him to present in the Deputy DEO (F) Chiltan Town Office for the query of certain establishment related documents, since he was dealing Assistant in Establishment Branch of Deputy DEO (Female) Chiltan Town. 7. The learned A.A.-G. contended that the appellant was dismissed on 10-4-2013, but he failed to file departmental appeal before the competent appellate forum i.e. Chief Secretary, Balochistan because the perusal of fake/bogus representation dated 17-4-2013 addressed to the Chief Secretary, does not shows the initial by the Chief Secretary and even it has not been received by the office of Chief Secretary, therefore, in the first instance the appellant has to avail the departmental remedy, hence, at this stage appeal is not maintainable and deserves to be dismissed. He further stated that although the appellant has submitted fake/bogus documents i.e. appointment order, transfer/posting orders, 5 years extra ordinary leave, yet after completion of all the codal formalities he (appellant) was dismissed by means of order dated 10-4-2013. 8. The learned A.A.-G. further contended that the said fake NOC has been issued by unauthorized officer and the extra ordinary leave for 5 years has also been found fake because it has not been granted by the competent forum rather the appellant has bypassed the proper forum and even attended the courts of law as practitioner lawyer whereas the Rules of Business does not allow to become a lawyer during service. Further contended that the appeal is not maintainable because all the documents based on fake and bogus, therefore prayed that the appeal may be dismissed. 9. The parties heard and perused the record. 10. The record indicates that the appellant was dismissed from service on 10-4-2013 and he has failed to file any departmental appeal and the instant appeal has been preferred before this Tribunal on 27-9-2013 after a period of about five months and seventeen days, without any plausible explanation. Admittedly no civil servant has unfettered choice to file a representation or appeal irrespective of time limit. The aggrieved employee is necessarily required to agitate his grievances before the appropriate forum within prescribed period. Any delay caused in approaching the appropriate/prescribed forum beyond the specified period without sufficient cause is obviously detrimental. The appellant also filed application for condonation of delay along with the appeal wherein no reasonable ground has been taken as such, we are not inclined to condone the delay. In this respect we rely on 1998 SCMR (sic) 1999 PLC (C.S.) 510 and 1999 PLC (C.S.) 862. Besides, it has been held in 2010 SCMR 1982 that:--- "Civil servant remained in deep slumber for more than 20 years and it was too late in the day to question the legality of additional note. No plausible justification could be furnished by civil servant for the delay, except that question of limitation was nothing more but a technicality which was an incorrect approach. Question of limitation could not be taken lightly, as in service matters such question should be considered seriously." In 2011 SCMR 8, it was also held that:--- "Question of limitation cannot be considered a "technicality" simpliciter as it has got its own significance and would have substantial bearing on merits of case." 11. In view of the above discussion we are of the considered view that the appeal is hopelessly time-barred and the appellant had also not filed departmental appeal before the competent authority and the long delay cannot be overlooked, hence the appeal being time-barred is dismissed. With no order as to costs. File after completion be consigned to record. HBT/5/BST Appeal dismissed.

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