MUHAMMAD BOOTH Versus THE STATE

1. MUNAWAR ALI KHAN (CHAIRMAN).‑‑ This appeal has been filed by Muhammad Boots, ex‑Head Constable of Police. He has called in question the order of his dismissal, dated 23‑4‑1985 passed by SP Thatta. Preliminary objection raised by the learned A.A.‑G. was that the appeal is hopelessly time‑barred. The learned counsel for the appellant was heard with regard to the said objection.

2. It appears that the impugned order of appellant's dismissal was passed on 23‑4‑1985 and he went in appeal against the said order to the DIG on 4‑5‑1985. It is an admitted position that the DIG rejected the appeal by his order dated 1‑10‑1985. Instead of challenging this order of the appellate authority before this Tribunal the appellant went in revision to the IG. The record shows that the revision application filed by him was rejected by the IG vide his order dated 2‑7‑1986.

2. The question that falls for our determination is whether the order of the DIG rejecting the departmental appeal preferred by the appellant or that of IG dismissing the appellant's revision application was, final appellate order within the meaning of section 4 of the Sind Service Tribunal Act 1973. After giving our best thought to this point we are inclined to the view that the order passed by the DIG as an appellate authority was the final appellate order. After the DIG rejected the departmental appeal of the appellant it was up to him either to agitate the matter further before the departmental authorities by going in revision etc, or in the alternative approached this Tribunal in service appeal under section 4 hereinabove. However, he chose the former course. Since the period of limitation is to be computed from the date of the DIG's order, this appeal which had been filed on 26‑7‑1986 was obviously delayed by more than 9 months. Appellant has taken no plea in the memo of appeal that the order passed by the DIG was served on him late nor has he given any application for condonation of delay.

3. For above reasons we have no option but to dismiss the appeal as time‑barred.

4. A.A. /142/Sr.S Appeal dismissed.