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1992 PLC(CS) 1116

MUHAMMAD KHAN VS INSPECTOR-GENERAL OF POLICE

Petitioner: MUHAMMAD KHAN VS Respondent: INSPECTOR-GENERAL OF POLICE

Court: Supreme Court of Pakistan

Full Judgment Text & Judicial Ruling

1992 P L C (C

1992 P L C (C.S.) 1116

[Supreme Court of Pakistan]

Present: Ajmal Mian and Saleem Akhtar, JJ

Malak MUHAMMAD KHAN

versus

INSPECTOR-GENERAL OF POLICE and others

Civil Petition No.233-K of 1991, decided on 10th September, 1991.

(On appeal from the judgment and order of the Sindh Services Tribunal in Appeal No.23 of 1991, dated 28-4-1991).

(a) Sindh Police (Efficiency and Discipline) Rules, 1983--

----R.13(h)---Order of reversion of civil servant---Only one appeal could be filed against the original order and order of Appellate Authority would be final---Civil servant's further appeal before the higher departmental Authority was not competent.

(b) Civil service---

----Appeal---Limitation---Reversion of civil servant---Civil servant's departmental appeal having been rejected he filed further appeal which was not warranted by law---Civil servant's appeal before Service Tribunal was dismissed as time-barred.

(c) Limitation Act (IX of 1908)--

----S.14---Exclusion of time from computation of period of limitation---Time spent in filing further appeal before higher Departmental Authority being not warranted by law, time spent in filing and prosecuting such appeal could not be taken into consideration in computing the period of limitation.

Faizanul Haque, Advocate-on-Record for Petitioner.

Nemo for Respondents.

Date of hearing: 10th September, 1991.

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