SHAFIUR RAHMAN, J.---The petitioner seeks leave to appeal against the judgment of the Federal Service Tribunal dated 19-12-1988 whereby his appeal was dismissed as time-barred.
2. The petitioner was removed from service on 18-9-1986 for absence from duty from 28-11-1984 to 13-9-86. He claims to have filed an appeal to the Prime Minister, the very next month. He then kept on repeating his representations and one such representation which is described as a mercy petition was disposed of on 29th October, 1988 informing him that his case had been reconsidered and it was found not possible to reopen the case afresh as it stood rejected by the competent authority. In November, 1989, he approached the Service Tribunal. The Tribunal held that there was no provision for a mercy petition against the orders passed in disciplinary cases and time spent in making miscellaneous applications did not earn condonation in service matters. Treating the appeal as time-barred, it was rejected.
3. The learned counsel for the petitioner has contended that it was final order which was communicated to him and so the petitioner was within time in approaching the Tribunal.
4. The original order was dated 18-9-1986 and his appeal had been filed the very next month. He has not been able to explain the intervening period except by reference to Miscellaneous applications and such applications do not earn condonation. The Tribunal has correctly held that the appeal was time-barred and has rightly declined to entertain it. No ground is made out and leave to appeal is refused.