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1995 SCMR 1000

ARMY NO. 8470067 MUHAMMAD FARRUKH BASHIR BHATTI vs

Citation1995 SCMR 1000
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No, 332 of 1994
Date1994-12-20
Judge(s)Saeeduzzaman Siddiqui, Mukhtar Ahmed Junejo
ResultLeave granted

ORDER

' SAIDUZZAMAN SIDDIQUI, J.---The petitioner is seeking leave to appeal against the judgment of the Federal Service Tribunal dated 9-6-1994 whereby the learned Tribunal dismissed Service Appeal of the petitioner as time-barred.

2. The learned counsel for the petitioner contends that after the disposal of his representation by the Departmental Authority against adverse entries in the ACR he preferred a regular appeal under the provisions of Civil Servants (Appeal) Rules, 1977 to the Appellate Authority which was returned on 13-4-1994 with the observation that the appeal is not maintainable, and within one month of the order of the Appellate Authority the appeal was presented before the Service Tribunal. The learned counsel accordingly contends that in these circumstances even if it was found that the appeal before the Appellate Authority filed by the petitioner under the Civil Servants (Appeal) Rules, 1977 was not competent it was valid ground for condoning the delay in filing the appeal before the Tribunal both under section 5 and section 14 of the Limitation Act.

' The contentions raised by the learned counsel require consideration and we accordingly grant leave to appeal. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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