' S. ABDUL JABBAR KHAN (CHAIRMAN).-Siraj Din has filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974, in which he has impleaded Government of the Punjab through Deputy Commissioner, Gujranwala, as respondent.
2. By virtue of this appeal he has prayed that he may be reinstated in service and the impugned order, dated 17th March, 1975, passed by the Deputy Commissioner, Gujranwala be set aside.
3. We have heard the learned counsel for the appellant as well as learned District Attorney assisted by the representative of the Department at length. We have also perused the record of this case carefully with their assistance.
4. The fact of the matter is that Mr. Akhtar Saeed, Deputy Commissioner, Gujranwala, in exercise of the powers conferred upon him under section 12 (ii) of the Punjab Civil Servants Act, 1974, being the competent authority in the case of the appellant, ordered his retirement in public interest, with full pension and other benefits admissible to him under the rules vide his order, dated 17th March, 1975.
The appellant filed appeal against the said order of his retirement before this Tribunal but the same was dismissed on 5th April, 1976.
5. In view of above, once an issue has been decided the same cannot be re-agitated through any other appeal as the present appeal would be hit by the principle of res judicata. Moreover, the present appeal would be barred by time for a period of 4 years also, the inordinate delay which cannot be condoned as no cogent reasons have been given in his application under section 5 of the Limitation Act. The issue in this case is very simple and appeal is liable to be dismissed on the ground that no excep- tion can be taken to the order under section 12 (ii) of the Punjab Servants Act, 1974, in view of Article 13 of the P. C.
0., 1981.
6. The result is we dismiss the appeal as being without any merits with costs.