The appellant was recruited as Foot Constable on 17-4-1968. The relevant facts, as disclosed in the memo of appeal, briefly are that the appellant went on 3 days leave on 6-6-1979. He was due on duty on 10-6-1979 but he fell ill. He went on making applications for extension of leave on the strength of medical certificates till 2-5-1986 i.e. 6 years 11 months 22 days. It is stated by the appellant that after 2-5-1986 when he reported for duty he was informed that he had already been dismissed from service by the respondent No.2 vide order dated 22-6-1980. On the other hand I have been informed by Muhammad Ashraf, Legal Inspector that the appellant was served with a show-cause notice dated 12-12-1979 but as nothing was heard as reply thereto, therefore, the respondent No.2 proceeded to dismiss him from service vide order dated 22-6-1980. The appellant filed an appeal before the D.I.G. Police, Gujranwala Range which was rejected as grossly time--- barred vide order communicated through Memo. No.43741-44 dated 7-8-1986. The appellant thereafter approached the Inspector-General of Police through revision-cum-mercy petition but he was informed vide Memo. No.11569 dated 7-9-1986 that second appeal does not lie under the rules. This lead to filing of the present appeal under section 4 of the Service Tribunals Act in this Tribunal. The appeal was filed on 8-10-1986.
2. I have heard the learned counsel for the appellant and perused) the record brought by the Inspector Legal. The appeal was dismissed by the D.I.-G. Police as time-barred and the order is perfectly justified for the reasons that the appellant as per his own showing reported fore duty on 3-5-1986 and was informed that he has been dismissed from service. The appellant instead of filing appeal immediately thereof or at the most within 60 days submitted his appeal before the D.I.-G. o 19-7-1986. The same was neither accompanied by the petition for extension of time nor there was any justification whatsoever.
3. The learned counsel for the appellant argued that the appellant was neither served with show- cause notice nor had any knowledge of order of dismissal from service dated 22-6-1986. I have checked up the record brought by the Legal Inspector and find that show cause notice dated 12- 12-1979 was sent to the appellant under registered cover at his residential address. It is admitted by the learned counsel for the appellant that the address has been correctly given. The notice never came back, therefore, legal presumption is that it was delivered to the appellant. Even otherwise the appellant was under legal obligation to check up whether leave for such a long period of about 7 years was being sanctioned or not but he never bothered to know the fate of his leave applications. I have seen from the file that he was required to produce medical certificates countersigned by M.S. But even this requirement was not fulfilled by the appellant. It is argued by the learned counsel for the appellant that the appellant in the first instance got fever but subsequently he was suffering from mental illness. The appellant has attached medical certificates. In most of them he has been shown suffering from flue, in other from kidney and from backache. Most of the certificates are issued by the Cheema Hospital and he never consulted any specialist for mental illness. The certificates have been issued by different clinics. I have seen that the appellant was not interested in the job and he did not bother to file appeal for about six years therefore the same was rightly dismissed as time-barred.
4. The upshot of this discussion is that there is no merit in this appeal and the same is dismissed in limine.
A.A./127/Sr.P