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Petitioner: GHULAM SHABBIR VS Respondent: DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYSHonorable Justice Nasir-ul-MulkNasir Ahmed Bhutta,Rai M. Nawaz Kharral
2013 P L C (C.S.) 1087
[Supreme Court of Pakistan]
Present: Nasir-ul-Mulk and Sarmad Jalal Osmany, JJ
GHULAM SHABBIR
Versus
DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS and others
Civil Petition No.2432 of 2010, decided on 14th November, 2011.
(On appeal from the judgment of the Federal Service Tribunal, Karachi, dated 9-9-2010 passed in Appeal No.117(K)CS of 2005).
Service Tribunal Act (LXX of 1973)---
----S. 4(1)---Removal from Service (Special Powers) Ordinance (XVII of 2000), S. 10 (since repealed)---Limitation for filing appeal before Service Tribunal where rejection of Departmental appeal was not communicated to the petitioner (civil servant)---Scope---Civil servant was awarded major penalty of compulsory retirement under the Removal from Service (Special Powers) Ordinance, 2000---Departmental appeal of civil servant was rejected---Appeal filed before Service Tribunal was dismissed as barred by time---Contention of civil servant was that he could not file his appeal before Service Tribunal in time since it was not communicated to him that his Departmental appeal had been rejected---Validity---After lapse of 90 days from filing of Departmental appeal, civil servant had 30 days to file service appeal before the Service Tribunal whether or not his Departmental appeal was rejected---Appeal filed by civil servant before Service Tribunal was clearly barred by time---Petition for leave to appeal was dismissed in circumstances and leave was refused.
Nasir Ahmed Bhutta, Advocate Supreme Court for Petitioner.
Rai M. Nawaz Kharral, Advocate Supreme Court for Respondents.
Date of hearing: 14th November, 2011.
JUDGMENT
NASIR-UL-MULK, J.---This petition is directed against the judgment of the Federal Service Tribunal, Karachi Bench, dated 9-9-2010, dismissing the petitioner's appeal in limine. The petitioner was awarded major penalty of compulsory retirement under the Removal from Service (Special Powers) Ordinance, 2000 by order dated 25-9-2002. He filed Departmental Appeal on 12-10-2002 and Service Appeal before the Service Tribunal on 13-4-2005 which was dismissed as barred by time.
2. The learned counsel appearing on behalf of the petitioner stated that his Departmental Appeal, rejected on 30-3-2004, was not communicated to the petitioner. This argument is not relevant as after lapse of 90 days from filing of Departmental Appeal, the petitioner had 30 days to file service appeal before the Service Tribunal whether or not his Departmental Appeal was rejected. His appeal before the Tribunal was clearly barred by time and the impugned judgment does not call for any interference by this Court. The petition is, therefore, dismissed. Leave declined.
MWA/G-5/SC Petition dismissed.