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1987 SCMR 110

Qazi FAIZUL HAQ vs GOVERNMENT OF N. W.F.P. Through CHIEF SECRETARY,

Citation1987 SCMR 110
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No. 284-R of 1985 Appeal No. 8 of 1985
Date1987-11-02
Judge(s)Mian Burhanuddin Khan, Muhammad Afzal Zullah
ResultPetition dismissed

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment dated 9-3-1985 of the N.-W.F.P. Service Tribunal; whereby the petitioner's Service Appeal filed against orders of his compulsory retirement, was dismissed as time-barred.

2. Learned counsel has stated that the order of compulsory retirement having been asked on 20th August, 1984, it was communicated to the petitioner on 13-10-1984. He filed a review petition on 17- 10-1984. The result of the review was never communicated to the petitioner. He, therefore, after waiting for 90 days filed appeal before the Tribunal on 17-1-1985 but the same was dismissed on 9- 3-1985 as time-barred; without affording an opportunity to the petitioner to show that the appeal was not time-barred.

3. It is clear from the impugned judgment that the petitioner's counsel was afforded full hearing. It was in his presence that the record was perused and it was found that the petitioner's review was rejected on 15-11-1984 and that the order of rejection was communicated to the petitioner. His plea before this Court that the review order was never communicated to him, in view of the admission made by him in para 7 of his grounds of appeal before the Tribunal is not based on records. The question raised stands concluded by a finding of fact by the learned Tribunal.

4. No question of law of public importance arises, this petition accordingly, is dismissed.

Cited by 2 cases

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