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2013 SCMR 700, 2013 PLC (C.S.) 1087

GHULAM SHABBIR vs DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS and

Citation2013 SCMR 700, 2013 PLC (C.S.) 1087
CourtSupreme Court of Pakistan
Judge(s)Nasir-ul-Mulk, Sarmad Jalal Osmany
ResultPetition dismissed

' 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.

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