NAJEEBULLAH KHAN versus COLLECTOR OF CUSTOMS AND CENTRAL EXCISE, PESHAWAR
The limitation question raised by the Authority regarding the hearing of the Appeal 4 was that the appeal filed by the employees about two to two years after the date of his suspension order could be barred. The employee challenged his dismissal order first, within thirty days after appealing to the department and second, after filing a constitutional petition before the High Court and dismissing the constitutional petition, the employee went to the Supreme Court. Dotoka testified before the court that he had approached the High Court on wrong advice as he was treated in front of the tribunal. The High Court had taken notice of the order, the employee had requested to withdraw his request and the Supreme Court, following his request, dismissed his request as the returning employee appeared before the High Court and before the Supreme Court. Was also seeking his remedy in good faith; the case was appropriate to delay filing an appeal before the Tribunal.
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