SHAFIUR RAHMAN, J.---Leave to appeal was granted under Article 212(3) of the Constitution to examine whether the Tribunal had correctly held that the appeal filed by the appellant was time- barred and hence untenable.
2. The order which aggrieved the appellant with regard to his seniority was passed on 4-11-1984. He filed a departmental appeal against it the same month on 29-11-1984. The Tribunal has taken the view that immediately after filing the departmental appeal he should have come to the Service Tribunal within 120 days available to him. The departmental appeal itself was disposed of on 2-5- 1990 and the appellant filed the service appeal before the Tribunal on 30-5-1990.
3. Section 4 of the Service Tribunals Act by express words confers a right on the civil servant to appeal against the original or the appellate order of a departmental authority. This right cannot be abridged to only original order and not the appellate order. From the date of the appellate order i,e, 2-5-1990 the appeal filed within thirty days before the Service Tribunal was within time. The appeal could not be dismissed as time-barred.
4. In the circumstances, we accept the appeal, set aside the judgment of the Service Tribunal and remand the case to the Service Tribunal for decision on issues other than limitation. 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.