FAQIR GUL vs CHIEF ENGINEER And Other
This matter involves a petition for leave to appeal against an order of the Federal Service Tribunal, which had dismissed in limine the petitioner's appeal against his termination from service as a Lineman-II. The core legal question before the Supreme Court was whether the petitioner's appeal, filed nearly a decade after the termination order, was maintainable given the significant delay. The Supreme Court held that the petitioner failed to file the appeal within the prescribed period of limitation of two months. Consequently, the Court affirmed the decision of the Federal Service Tribunal, ruling that the termination order was not subject to departmental appeal or challenge before the Tribunal after the expiry of nine years. The key principle laid down is that service appeals must be filed within the statutory period of limitation, and an inordinate delay of nine years renders such an appeal time-barred and non-maintainable. The petition was dismissed as not being a fit case for further consideration.
- Is an appeal against a termination order maintainable if filed nine years after the order was passed?
- What is the prescribed period of limitation for filing an appeal before the Federal Service Tribunal?
ORDER
1. S. USMAN ALI SHAH, J.-The petitioner seeks leave to appeal against the order of the Federal Service Tribunal dated 24-9-1989, whereby his appeal against the order of his termination from service as Lineman-II vide Office Order No. 3689, dated 25-6-1979, was dismissed in limine.
2. The petitioner failed to file appeal against the order of his dismissal from service within the prescribed period of limitation of two months and thus appeal preferred by him on 30-4-1989 was barred by time. His order of termination of service was neither departmentally appealable nor before the Tribunal after the expiry of nine years and has rightly been dismissed, by the learned Service Tribunal. Hence we do not consider it a fit case for further consideration. Thus, it is dismissed.