1988 PLP (C (PLC(CS))
DOST MUHAMMAD and another Versus ASSISTANT COMMISSIONER/COLLECTOR, SADAR SUB-DIVISION, DISTRICT KHUSHAB and 5 others
| Citation | 1988 PLP (C (PLC(CS)) |
| Forum / Court | Service Tribunal Punjab |
| Bench Members | Ihsan-ul-Haq Chaudhry, Chairman, Kh. Muhammad Yousaf and Ch. Abdur Rashid, Members |
| Parties | DOST MUHAMMAD and another Versus ASSISTANT COMMISSIONER/COLLECTOR, SADAR SUB-DIVISION, DISTRICT KHUSHAB and 5 others |
| Primary Law | Punjab Service Tribunals Act (IX of 1974) |
Q1: What are the key laws and sections cited in 1988 PLP (C (PLC(CS))?
This judgment primarily cites: Punjab Service Tribunals Act (IX of 1974) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP (C (PLC(CS))?
The case was heard and decided by the Service Tribunal Punjab bench comprising: Ihsan-ul-Haq Chaudhry, Chairman, Kh. Muhammad Yousaf and Ch. Abdur Rashid, Members.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP (C (PLC(CS)) (DOST MUHAMMAD and another Versus ASSISTANT COMMISSIONER/COLLECTOR, SADAR SUB-DIVISION, DISTRICT KHUSHAB and 5 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Noor Muhammad Awan for Appellant.
- Date of hearing: 24th September, 1987.
Headnotes / Summary
S.4(1)(a) Limitation Act (IX of 1908), S.5 Appeal before Tribunal--Limitation--Condonation of delay--Appeal against termination of service--Representation made to higher departmental authority rejected--Appeal filed not within 30 days of order of rejection of representation but filed after lapse of 3 months--Plea that appellant as under impression that limitation period was 90 days, repelled and application for Condonation rejected, held, ignorance of law was no valid ground for condonation.
Judgment & Decree
KH.MUHAMMAD YOUSAF (MEMBER).--M/s. Dost Muhammad and Muhammad Iqbal, Patwaries of District Khushab have filed the present appeal under section 4 of the Punjab Service Tribunals Act, 1974 against their termination of services and have impleaded Assistant Commissioner/ Collector Sadar Sub-Division, Noorpur, District Khushab, Additional Commissioner (Rev) Sargodha Division Sargodha, Mohammad Shafi, Mohammad Khalid, Khan Bahadur and Atta Rasul as respondents in this appeal.
2. We have examined the appeal. The appellants have moved application under section 5 of the Limitation Act for condonation of delay. The record shows that the appellants services were terminated by the Assistant Commissioner/ Collector Noorpur vide order dated 8-10-1986. The appellants then made representation before the Commissioner which were heard by the Additional Commissioner (Rev), Sargodha Division, Sargodha who rejected the representation vide his order dated 12-11-1986. The appellants filed the present appeal before this Tribunal on 10-2-1987. The appellant should have filed appeal before this Tribunal within 30 days of rejection of his representation by the Commissioner but the appellants filed the appeal after lapse E of about 3 months. The plea taken by the appellants is that they were under impression that the period of limitation was 90 days, and therefore, they did not file within 30 days of the final order. The plea of the appellants is devoid of any force. The ignorance of law is no valid ground for condonation of delay.
3. The upshot of the above discussion is that no ground has been made out for condonation of delay and the application under section ,5 of the Limitation Act is rejected. Consequently the appeal of the appellants is dismissed as time-barred. A.E. /140/Sr.P Appeal dismissed