Moazzam Hayat, Member.--Appellant Muhammad Munir Ahmed was an Upper Division Clerk in the Pakistan Railways. He was served with a show-cause notice dated 19/20.03.2000. It was alleged that while he was posted in Bill Section he filled the seals of payments on reverse of Pay Orders No, 188585 to 188587 for Rs, 497,670/-, Rs, 325960/- and Rs, 215,838/-. It was also alleged that he had delivered cheques to the employees not known to him on the request of Mr. Muhammad Afzal Daftry. Since the present appeal had been filed on 30.04.2008, therefore, it was supported by an application for condonation of delay under Section 5 of the Limitation Act, 1908.
2. The appeal was resisted by the respondents. It was stated that the appeal was hopelessly time barred. On merits, it was stated that the appellant was proceeded against strictly in accordance with the rules.
3. We have heard the appellant in person and the learned counsel for the respondents. The record has also been perused by us.
4. The appellant was awarded the penalty of compulsory retirement on 06.07.2001 whereas the present appeal was filed after about six years and nine months on 30.04.2008. It was hopelessly time barred. The grounds taken by the appellant in his application under Section 5 have no weight in them. It was stated that the appellant had waited for the authority to decide his appeal. The ultimate order was passed by the competent authority but the law has prescribed the period of limitation. The appellant could wait for that order and order of the appellate authority only for the period prescribed by law and not beyond that. Hence we see no merit in the application which is rejected and as a consequence of that the appeal is dismissed as hopelessly time barred.