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Petitioner: ABDUL GHANI VS Respondent: SECRETARY HEALTH, LAHORE
1992 P L C (C
1992 P L C (C. S.) 1367
[Service Tribunal Punjab]
Present: Muhammad Mehmud Aslam Pirzada, Chairman and Abdul Aziz Malik, Member-I
ABDUL GHANI
Versus
SECRETARY HEALTH, LAHORE and 2 others
Appeal No. 242 of 1989, decided on 3rd March, 1992.
(a) Civil service---
---- Departmental appeal---Appellant having submitted resignation, sought, to withdraw same---Appellant's departmental appeal for withdrawal of resignation was rejected---Validity---Final appellate order was never passed by competent Departmental Appellate Authority; such departmental appeal was thus, yet to be considered by competent Departmental Authority; and appellant was never given any opportunity of personal hearing---Departmental final order was, thus, illegal, ultra vices, void ab initio and therefore of no legal consequence as against appellant.
(b) Punjab Service Tribunals Act (IX of 1974)---
----S.4---Limitation Act (IX of 1908), S.3---Appeal---Limitation-- Departmental final order being initially void and illegal, provisions of Limitation Act, 1908, would not apply to it---Appeal was competent in circumstances.
(c) Punjab Service Tribunals Act (IX of 1974)---
----S.4---Limitation Act (IX of 1908), S.5---Appeal---Limitation---Condonation of delay---Appellant had been pursuing his case throughout diligently, and without any undue delay on his part---Delay, if any, in filing appeal was condoned in interest of justice--Appeal was allowed and order passed in departmental appeal was set aside---Case was remanded to competent Authority for decision afresh on merits in accordance with law, after affording appellant opportunity of personal hearing/leading evidence.
Appellant in person.
Muhammad Anwar-ul-Haq, D.D.A. for Respondents.
Date of hearing: 29th February, 1992.