1987 PLP 745 (SCMR)

‑‑‑Art. 212(3)‑‑Punjab Police (Efficiency and Discipline) Rules, 1975, R.6‑‑Punjab Service Tribunals Act (IX of 1974), S. 4‑‑Punjab Excise Act (I of 1914), Ss.4, 24 & 77‑‑Limitation Act (IX of 1908), S. 5‑ Petitioner, a police constable, found in state of intoxication while on duty prosecuted under Ss.4, 24 & 77, Excise Act and also proceeded against in departmental action, after service of show‑cause notice under Disciplinary Rules and dismissed from service‑‑Appeal and revision/mercy petition against order of his dismissal by Departmental Officers‑ Petitioner meanwhile having been acquitted from offences under Excise Act., moving representation, revision/mercy petitions in second round and on their dismissal, filing appeal before Service Tribunal which was hopelessly time‑barred‑‑Tribunal finding that petitioner had only one right of appeal and revision and filing further appeal or revision in matter was an exercise in futility and thereby period of limitation could not be extended‑‑Finding of Tribunal, held, was unexceptionable‑‑Leave to appeal refused. Muhammad Aslam Chaudhry, Advocate‑on‑Record for Petitioner. Faiz Muhammad Bhatti, Advocate Supreme Court instructed by Ejaz Ahmed Khan, Advocate‑on‑Record for Respondents. Date of hearing: 14th February, 1987. S. A. NUSRAT, J.‑‑ This petition is from the judgment of the Punjab Service Tribunal, dated 21‑11‑1983 whereby the appeal of the petitioner was dismissed, inter alia, as time‑barred.

2. The petitioner, while posted on duty was found in the state of intoxication and was arrested and a case was registered against him under section 4/24/77 of the Excise Ordinance at Police Station, Yakki Gate, Lahore. After due service of show‑cause notice on the aforesaid allegation and calling upon him as to show cause why one or more major penalties as prescribed under the rules may not be imposed upon him, he was dismissed from service by an order dated 4‑10‑1978. His appeal against the order of dismissal was dismissed on 15‑1‑1979 by the Deputy Inspector‑General of Police, Lahore Range. His revision/ mercy petition was also dismissed by the Inspector‑General of Police on 25‑11‑1979. Contemporaneously the petitioner was also prosecuted under the Excise Ordinance but was acquitted by the Magistrate on the ground that the prosecution had failed to produce any witness in spite of repeated attempts. The petitioner thereafter, again moved the Inspector General of Police of Punjab and his representation was rejected on 31‑8‑1980. Another mercy petition revision petition filed by him was also rejected by the Inspector‑General of Police on 7‑1‑1982. The petitioner having thus failed in the second round of his representations, filed an appeal before the Punjab Service Tribunal which was hopelessly time‑barred as from the orders passed in 1979 on his appeal and revision. The Tribunal, in the circumstances found, and rightly so, that the petitioner had only one right of appeal and revision and there was no provision of filing any further appeal or revision in the matter which was an exercise in futility and thereby the period of limitation could not be extended. The appeal was thus dismissed as time‑barred. This finding of the learned Tribunal is unexceptionable. The petition is devoid of any force and is dismissed. S.Q./A‑13/S Petition dismissed.