Find a Lawyer

Appeal No. 63 of 1978, decided on 5th June, 1978.

‑‑---- S. 4‑Appeal‑Appellant required to file departmental appeal against impugned order within one month of its issue and in case no decision mace by Departmental Authority within 90 days‑Appeal filed after 149 days, held, time‑barred, in circumstances.

Naimatullah Qureshi for Appellant.

The appellant was appointed as Taxation Officer, Hyderabad Municipality on 6th July, 1973. Subsequently by notification dated 19th February, 1975 he was appointed as Assistant Director, Food in grade 17. However, on 7th March, 1978, Martial Law Administrator, Zone C' promulgated M. L. R. No. 55 regarding regulation of ad hoc appointments made by the previous Government of Sind. On scrutiny the appellant was not found fit and therefore, his services were terminated by notification dated 27th May, 1978. On 7‑6‑1978 the appellant submitted an appeal to the Chief Secretary but nothing was done. So a Constitution petition was filed in the High Court but it was dismissed on the plea stated in the memo of the present appeal that this Tribunal had jurisdiction to entertain the appeal against an order which' was passed under M. L. R. No. 55. Thereafter the present appeal was filed on 24‑10‑1978.

From the statement of facts it is plain enough that the present appeal is time‑barred. The service of the appellant was terminated by order date 27-5‑1978 and he was required to file the Departmental Appeal against that order within one month and if after waiting for 90 days his appeal was no decided he was required to approach this Tribunal. Thus he had to file appeal in this Tribunal within a period of 120 days as the Departmental Appeal was required to be filed within one month of the termination of set vice and then 90 days were allowed to expire for the Departmental decide the appeal and if within these 90 days the appeal was not decide the appellant had to approach this Tribunal. To be more explicit the original period of appeal of one month remained intact and in computing the period of limitation, 90 days had to be excluded in case if Departmental Appeal was required to be filed. This view has been taken by us in a number of cases and has also been confirmed by the Full Bench of the Supreme Court of Pakistan in C. P. S. L. A. No. K‑31 of 1978 In re: Abdul Bari v. Inspector‑General of Regulation and another, decided on 20th March, 1978.

Calculating the aforesaid period, the appeal in this Tribunal was required to be filed by 24th September, 1978 whereas it was filed on 24th October, 1978, i.e. after about 149 days of the impugned orders, No application for condonation of delay has been made.

In result the appeal is summarily, dismissed.

Appeal dismissed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.