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Petitioner: MUHAMMAD LATIF VS Respondent: GENERAL MANAGER, PAKISTAN RAILWAYS
1992 P L C (C
1992 P L C (C.S.) 1342
[Federal Service Tribunal]
Before Ch. Hasan Nawaz and Muhammad Ismail, Members
MUHAMMAD LATIF
versus
THE GENERAL MANAGER, PAKISTAN RAILWAYS
Appeal No. 6(L) of 1988, decided on 19th February, 1992.
(a) Service Tribunals Act (LXX of 1973)---
----S.4---Appeal---Limitation---Civil servant's departmental appeal against penalty of censure was rejected on 8-10-1987; information for same was received by him on 10-10-1987---Civil servant could come to Service Tribunal within thirty days of 10-10-1987, date on which final order was admittedly received by him---Appeal filed on 13-1-1988, was time-barred.
(b) Pakistan Railways Personnel Manual---
---- Para. 1725-RI---No second departmental appeal is allowed under provisions of Pakistan Railways Personnel Manual.
(c) Service Tribunals (Procedure) Rules, 1974---
----R.8---Time-barred appeal---No application for condonation of delay---In absence of any such application, question of condonation could not be dealt with by Service Tribunal.
(d) Government Servants (Efficiency and Discipline) Rules, 1973---
----R.4(1)(a)(1)---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2-- Civil servant---Non-assumption of charge of post---Effect---Refusing to assume charge of post earmarked by respondent on plea that Civil Court had issued order of status quo---Post had already been abolished when status quo order was issued---Order of status quo meant that factual position obtaining at the time of Civil Court's order should be allowed to continue---Order of status quo did not clothe civil servant to be put incharge of that post which already stood abolished by the time such order was issued---Civil servant was thus, guilty of misconduct for his refusal to assume charge of the post which was earmarked by him by the Authority.
M.M. Azeem for Appellant.
Zafar Ali Shah for Respondent.
Date of hearing: 17th February, 1992.