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Petitioner: MUNAWAR KHAN VS Respondent: WAPDA through its Chairman WAPDA House, Lahore and anotherHonorable Justice MOAZZAM HAYATS. Moazzam Ali Rizvi,Mian Muhammad Javed
2006 PLC (C
2006 PLC (C.S.) 1183
[Federal Service Tribunal]
Before Justice (Rted.) Amanullah Abbasi, Chairman and Moazzam Hayat, Member
MUNAWAR KHAN
Versus
WAPDA through its Chairman WAPDA House, Lahore and another
Appeal No. 135(R)(C.S.) of 2003, decided on 10th July, 2004.
Pakistan Water and, Power Development Authority Employees (Efficiency & Discipline) Rules, 1978---
----R.5(iv)---Service Tribunals Act (LXX of 1973), S.4---Awarding of penalty of reduction in time scale by one step for one year---Appeal against---Appeal filed by appellant against penalty awarded to him was hopelessly time-barred---Appellant in his application filed for condonation of delay in filing appeal had stated that he had come to know about impugned order through Fax about one month prior to filing his appeal---Validity---Impugned order had shown that a copy of said order had been dispatched to appellant and appellant had not been able to rebut presumption that he had received impugned order in time---Was not believable that appellant had not received impugned order in' time and had received same through Fax as claimed---Official acts were always deemed to have been properly performed---Presumption had to be rebutted by aggrieved employee with strong evidence but appellant had not been able to rebut presumption that he had received impugned order in time---Ground had been fabricated for getting delay in filing Departmental appeal and present appeal in time---Delay in filing appeal under S.4 of Service Tribunals Act, 1973 could be condoned by Service Tribunal, but delay in filing Departmental appeal could not be condoned by it and Service Tribunal could not extend time for filing Departmental appeal---Appeal was dismissed as incompetent since Departmental appeal had not been filed within stipulated period.
1995 SCMR 1505 and 2002 PLC (C.S.) 1641 ref.
S. Moazzam Ali Rizvi for Appellant.
Mian Muhammad Javed for Respondents.
Date of hearing: 10th July, 2004.