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Appeal No. 31 of 1979, decided on 19th June 1979.
---S. 4‑Limitation‑Initial period for appeal only 30 days‑Extendable by 90 days if departmental appeal required and actually filed‑Appeal filed after expiry of 120 days, held, time‑barred.
Abdul Bari v. Inspector-General of Registration and another C. P. S. L. A. No. K‑31 of 1978 rel.
Appellant in person.
. This is an appeal under section 4 of the Sind Service Tribunals Act, 1973 filed by the appellant against his removal from service.
The appellant was served with a show‑cause notice under rule 5(3) of the Sind Civil Servants (Efficiency and Discipline) Rules, 1973 for misconduct. He submitted his reply which was not accepted and he was removed from service vide order dated 19‑11‑1978 issued by the Conservator of Forests, Range Management Circle, Karachi. He filed departmental appeal on 18‑12‑1978 to the Chief Conservator of Forests, Sind and since no decision was taken within a period of 90 days, he filed appeal in this Tribunal on 19‑4‑1979.
According to section 4(a) of the Sind Service Tribunals Act, 1973, the period of limitation prescribed .for filing the appeal to this Tribunal is 30 days, but in case a departmental appeal is required to be filed and is actually filed, a period of 90 days is allowed to expire and if no decision is taken, the appeal is to be filed in this Tribunal on the expiry of 90 days. Thus in computing the period of 30 days prescribed for filing of appeal to this Tribunal, the period of 90 days has to be excluded or in other words, the period of 30 days is extended by 90 days and as such the appeal to this Tribunal has to be filed within a period of 120 days of the original order. This view has already been confirmed by the Full Bench of the Supreme Court of Pakistan en the case of Abdul Bari v. Inspector‑General of Registration and another in appeal C. P. S. L. A. No. K‑31 of 1978, decided on 20th December 1978.
Calculating the period of the above basis, the appeal in the instant case was required to be filed by 19‑3‑1979, but it has been filed on 19.4‑1979. Hence it is time‑barred. There is no application for condonation of delay.
In the circumstances, the appeal is summarily dismissed.
Appeal dismissed.
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