MUHAMMAD YAR vs SUPERINTENDENT OF POLICE and 2 others
The petitioner, a civil servant, sought leave to appeal against the judgment of the Service Tribunal dated 8-7-1987, which had dismissed his service appeal against dismissal as time-barred. The core legal question was whether the Service Tribunal correctly dismissed the appeal as barred by time without any application for extension of the limitation period. The Supreme Court held that the Service Tribunal passed a correct order on the question of law and no further question of law arose for examination. The key principle laid down is that an appeal filed before the Service Tribunal beyond the prescribed period of limitation, without any formal application for claiming an extension of time, is rightly dismissed as time-barred, and incompetent departmental remedies do not extend the period of limitation.
- Whether an appeal before the Service Tribunal is liable to be dismissed if filed beyond the period of limitation without an application for extension of time?
- Does the pursuit of an incompetent second departmental appeal extend the period of limitation for filing an appeal before the Service Tribunal?
ORDER
' SHAFIUR RAHMAN, J.---The Petitioner, a civil servant, seeks leave to appeal against the judgment of the Service Tribunal dated 8-7-1987, whereby his appeal against dismissal from service, was dismissed as time-barred.
2. The Petitioner proceeded on five days leave on 15-5-1984 but returned from leave on 26-8-1984.
He was issued show-cause notice but again absented himself from 26-9-1984 to 5-1-1985 without any leave sanctioned to him. He did not turn up to respond to the show-cause notice. On such willful absence, he was dismissed from service on 28-4-1985. His appeal to the Departmental Authority also failed. The Petitioner thereafter filed a second appeal and he was informed on 26-2- 1987 that no such appeal was competent. It was thereafter that he filed an appeal before the Service Tribunal and it was held to be time-barred and there was no application made for claiming extension in the period of limitation.
3. The Tribunal has passed a correct order on the question of law and no further question of law arises which may require examination in this Court. Leave to appeal, is therefore, refused.