' MOAZZAM HAYAT (MEMBER).--- Appellant Rafi-ud-Din was a Driver in Sui Northern Gas Pipelines Limited. He was dismissed from service vide order dated 3-1-2001. The legality and validity of the dismissal order has been challenged by him in his present appeal.
2. We have heard the learned counsel for the appellant and have also perused the record.
3. As stated above, the impugned order was passed on 3-1-2001. The departmental appeal was filed on 31-1-2001. However, the present appeal was filed on 17-7-2004, after about 3-1/2 years. It is submitted by the learned counsel for the appellant that the appellant could not file appeal in this Tribunal as he had filed a writ petition in the High Court. MBeing a civil servant the appellant was required to file an appeal in this Tribunal. A wrong judicial forum was selected by him. The benefit of his own negligence cannot be given to him.
4. Even the writ petition was filed by the appellant in the year 2004. The appellant was thus, never vigilant in pursuing his grievance. His writ petition was filed after three years and the present appeal was filed after 3-1/2 years. No indulgence can be shown to him. His appeal is held to be time-barred.
5. A proper procedure had been adopted by the respondents in dispensing with the service of the appellant. He was charge-sheeted and thereafter an inquiry was held against him. The charge against him was that he had appeared before the Medical Board but had not appeared for laboratory test. No explanation has been given by the appellant as to why he did not undergo the laboratory test. The respondents had served him not only with a charge-sheet but also with a final show-cause notice giving him an opportunity to explain his position. The entire procedure, as prescribed in the service rules of respondents, was followed in letter and in spirit by the respondents. We, therefore, see no illegality in the proceedings which resulted into appellants' dismissal from service. Accordingly we find no merit in the appeal.
6. For the above reasons the appeal is dismissed in limine as time-barred and being without merit.
7. Parties be informed.