1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the petitioner against the dismissal of his appeal by the Punjab Service Tribunal on ground of limitation as also on merits.
2. ' Learned counsel states that the petitioner who was serving as an A.S.I. Of Police, was proceeded against for misconduct during the investigation of a case under section 307, P.P.C. He was found guilty by the Senior Superintendent of Police and was dismissed from service. His appeal to the Deputy Inspector-General of Police, was partly allowed. He was reinstated but to a lower rank. He further filed a revision before the Inspector-General of Police, which was not treated as competent.
3. Thereafter, he filed an appeal before the Service Tribunal. The same having been dismissed on ground of limitation and merits, leave to appeal has now been sought.
4. ' Learned counsel contended that the time spent for filing the revision before the L-G. Of Police and nine days after the decision of that revision which were taken to file an appeal before the Tribunal, should have been excluded from the period of limitation as of right. He further contended that even if those two periods of time could not be excluded as of right, the delay in that regard should have been condoned in the circumstances of this case.
5. ' Lastly, he contended that the observations made by the Tribunal on merits of the case were not justified.
6. We do not agree with the learned counsel that the period spent after the dismissal of the departmental appeal of the petitioner in pursuing still another departmental remedy which ultimately was held to be not competent, or the aforementioned nine days, could be excluded from the period of limitation. Nor do we find any justification to interfere on facts, regarding refusal to condone the delay. And the observations on merits of the case made by the learned Tribunal also relate to the questions of fact. They do not suffer from any infirmity.
7. ' There is no force in this petition. Leave to appeal accordingly is refused.
8. ' Leave to .