' CH. MUAHMMAD ARIF, J.---Leave is sought against the judgment, dated 13-3-1997 whereby the Federal Service Tribunal dismissed petitioner's appeal, against the final order, dated 31-12-1996, as incompetent.
2. The background in which the instant petition has arisen is that petitioner-Muhammad Shoib Khan was working as Medical Technologist in National Institute of Child Health, NICH for short, Karachi when, as a consequence of disciplinary proceedings against him, he was removed from service vide Notification No,PF.18-MSK/NICH/PER-I, dated 27-8-1995 which reads thus:-- "GOVERNMENT OF PAKISTAN (MINISTRY OF HEALTH)
Islamabad, the 27th August, 1995.
NOTIFICATION No,PF.18.MSK/NICH/PER.I.--Consequent upon the action taken against him under the Government Servants (Efficiency and Discipline) Rules, 1973 on the charge of 'Misconduct' the competent Authority has been pleased to impose the major penalty of removal from service upon Mr. Muhammad Shoaib Khan, Medical Technologist (BPS-16) National Institute of Child Health Karachi with immediate effect.
(Sd.)
(FAZAL KARIM), DEPUTY SECRETARY (PERSONNEL)"
' The petitioner submitted an appeal to the Director NICH, Karachi contending that he had applied for casual leave from 6-3-1995 to 24-3-1995 with a view to celebrating Eid-ul-Fitr but as he fell sick, he was advised admission in DHQ, Bannu by a Medical Specialist on 25-3-1995. The initial advice to the petitioner being "complete bed rest for a month", the doctor was of the opinion that he is not in a position to perform duties and another period of "bed rest for a month" was suggested. Petitioner made efforts to send the requisite information regarding his predicament to the office but to no avail. As the petitioner was admitted in DHQ Hospital, Bannu at the time when he was removed from service and as there was no member of his family to inform him about the action against him, he sought to be pardoned. Petitioner's departmental appeal having been dismissed as barred by time i,e,, having been made after one and a half years of order, dated 27-8-1995, he unsuccessfully challenged the same before the Service Tribunal. Hence this petition.
3. We have heard the petitioner in person and have perused the material available on record. What meets the eye is that petitioner's departmental appeal was beyond time by more than one and a half years. The same was dismissed and information to that effect conveyed to him vide Government of Pakistan, Ministry of Health, Memorandum No,PF.18- MSK/NICH/PER-I, dated 12th January, 1997. The memo. Of appeal under section 4 of the Service Tribunals Act (No,LXX of 1973) was beyond time and the same was dismissed as incompetent by placing reliance upon The Chairman, PIAC and others v. Nasim Malik (PLD 1990 SC 951).
4.The petitioner is himself to blame for not pursuing the matter with due diligence and as the order of his removal from service dated 27-8-1995 was made the subject-matter of the departmental appeal by him only on 31-12-1996 and that too without showing sufficient cause for belated resort thereto, the impugned order of the learned Chairman and Member of the Federal Service Tribunal has not been shown to be suffering from any taint whatever.
5. The instant petition is sans merit and is liable to be dismissed. Order accordingly.