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SARDAR BAHADAR versus SECRETARY, MINISTRY OF HEALTH, ISLAMABAD


Section 4 Appeal Department filed timely ban on hope of filing, and rightly service tribunal justified dismissal of appeal

1984 S C M R 177

Present : Muhammad Haleem, Actg. C. J., Aslam Riaz Hussain, Muhammad Afzal Zullah and M. S. H. Quraishi, JJ

Qazi SARDAR BAHADAR‑Petitioner

versus

SECRETARY, MIN1STRY OF HEALTH, ISLAMABAD, AND OTHERS Respondents

Civil Petition No. 515‑R of 1983, decided on 22nd November, 1983.

(From the order of the Federal Service Tribunal, dated 32nd May, 1983, passed in Appeal No. 82(R) of 1983).

Service Tribunals Act (LXX of 1973)‑--

‑‑ S. 4‑‑Appeal filed in Department hopelessly time‑barred and rightly dismissed‑Service Tribunal justified in dismissing appeal.

Petitioner in person.

Nemo for Respondents.

Date of hearing : 22nd November, 1983.

ORDER

M. S. H. QURAISHI, J.‑‑

The petitioner, an Upper Division Clerk in the Central Government Hospital, Rawalpindi, went abroad on 7th June, 1978 on four months' ex‑Pakistan leave. According to him, the leave had been extended by another four months and then for six months. He applied for further extension of the leave for a period of five years in March, 1980 but in the meantime his services had been terminated with effect from 12‑12‑1979, the intimation of which was received by him while still abroad on 17.4‑1980. He applied for reinstatement on 18‑11‑1982 but the same was rejected on 6‑3‑X983, against which he preferred an appeal before the Federal Service Tribunal. The Tribunal declined to interfere as in its view the appeal filed by the petitioner in the Department had been hopelessly time‑barred and had been rightly dismissed. The Tribunal, therefore, dismissed the petitioner's appeal by the impugned order dated 22‑5‑1983.

2. We have heard the petitioner in person but we find no good ground to interfere. Leave to appeal, is, therefore, refused.

N.Z. M. Petition dismissed.

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