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Petitioner: PEER MUHAMMAD SHAH VS Respondent: SECRETARY TO THE BOARD OF REVENUE, PUNJAB, LAHORE And Another
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Saad Saood Jan Title:PEER MUHAMMAD SHAH vs SECRETARY TO THE BOARD OF REVENUE, PUNJAB,
LAHORE And Another Case No.: Civil Petition No.1185 of 1981 Case No.70/972 Date of Judgment:1988-07-18 Reported As: 1991 SCMR 1336 Result: Petition dismissed Judgment ORDER SAAD SAOOD JAN, J.---The petitioner was a driver in the office of the Additional Commissioner (Consolidation). For reason of unauthorised absence from duty his services were terminated by an Additional Commissioner. He preferred an appeal before the Board of Revenue but it failed. He then filed a civil suit to challenge the legality of the order of termination of his services. The suit was decreed by the trial Court. However, on appeal, the Additional District Judge set aside the judgment and decree of the trial Court on the ground that the remedy of the petitioner lay before the Service Tribunal and that the Civil Court had no jurisdiction in the matter. The petitioner filed a revision petition in the High Court but that too failed. He then approached the Service Tribunal to seek relief. The learned Tribunal dismissed his appeal on the ground that it was barred by time. 2. In support of this petition it is contended that the petitioner was entitled to the exclusion of the time which he spent in the Civil Court in computing limitation for the purpose of filing the appeal before the Service Tribunal. It is to be noticed that under Section 14, Limitation Act, the petitioner was required to show that he had prosecuted proceedings before the Civil Court with due diligence and in good faith. The learned Tribunal found that good faith and diligence were lacking in this case. These being findings of fact, we are not persuaded to interfere with them. The petition is dismissed.