Representation before Governor

2013 SCMR 109 SUPREME-COURT Judicial Precedent

S. 5(a)Punjab Civil Servants Act (VIII of 1974), S. 21Constitution of Pakistan, Arts.105 & 192Civil judgeOrder of dismissalRepresentation before GovernorLegalityTime barred appeal against order of dismissal

Civil Judge (appellant) was dismissed from service by the competent authority/Chief Justice of the High Court vide order dated 9-3-2000

Said order was conveyed to the Civil Judge in question on 23-3-2000, and he filed an appeal before the Chief Justice of the High Court, which appeal was returned for proper presentation before the forum having jurisdiction in the matter

Civil Judge thereafter filed a representation before the Governor, which remained undecided and after a lapse of three months he filed a fresh appeal before the Tribunal on 19-7-2000 in terms of S.5(a) of Punjab Subordinate Judiciary Service Tribunal Act, 1991

Said appeal was dismissed as being time barred

Contentions on behalf of Civil Judge were that in terms of S.21(2) of Punjab Civil Servants Act, 1974 the remedy of representation was usable before the authority next above the authority which had made the dismissal order; that Governor of the province was the authority above the Chief Justice of the High Court, who had passed the dismissal order, therefore, representation before the Governor was competent and a validly invoked remedy, which was not decided within 90 days, constraining him to avail his right of (fresh) appeal, which was filed within time

Validity

Chief Justice of the High Court in his capacity as the competent authority had passed the dismissal order dated 9-3-2000, therefore, he (Chief Justice) had no authority to hear the appeal

Appeal filed before the Chief Justice of the High Court was neither competently instituted nor filed before the forum having jurisdiction, therefore, said appeal was returned via a letter, which never communicated that Civil Judge in question should avail any remedy of representation before the Governor in terms of S.21 of Punjab Civil Servants Act, 1974

Opting to approach the Governor instead of approaching the Tribunal within time, was the Civil Judge's own deed or comprehension of the law

Remedy under S.21(2) of Punjab Civil Servants Act, 1974 was only available before the authority next above the authority which made the order; the Governor of a province by no stretch of the constitutional scheme or interpretation of any provision of the Constitution or the law on the subject could be held to be an authority next above the Chief Justice and Judges of the High Court

Representation filed by civil judge before the Governor was not within the purview and contemplation of S.5(a) of Punjab Subordinate Judiciary Service Tribunal Act, 1991 read with S.21(2) of Punjab Civil Servants Act, 1974, therefore, 90 days' time period was not available to the civil judge as envisaged under S.5(a) of Punjab Subordinate Judiciary Service Tribunal Act, 1991

Dismissal order was passed on 9-3-2000 and conveyed to the civil judge in question on 23-3-2000, therefore, appeal filed before the Tribunal on 19-7-2000 was filed much beyond the prescribed period of limitation i.e. thirty days

Appeal was dismissed accordingly.

2013 PLC(CS) 562 SUPREME-COURT Judicial Precedent

S. 5(a)Punjab Civil Servants Act (VIII of 1974), S. 21Constitution of Pakistan, Arts.105 & 192Civil JudgeOrder of dismissalRepresentation before GovernorLegalityTime barred appeal against order of dismissal

Civil Judge (appellant) was dismissed from service by the competent authority/Chief Justice of the High Court vide order dated 9-3-2000

Said order was conveyed to the Civil Judge in question on 23-3-2000, and he filed an appeal before the Chief Justice of the High Court, which appeal was returned for proper presentation before the forum having jurisdiction in the matter

Civil Judge thereafter filed a representation before the Governor, which remained undecided and after a lapse of three months he filed a fresh appeal before the Tribunal on 19-7-2000 in terms of S.5(a) of Punjab Subordinate Judiciary Service Tribunals Act, 1991

Said appeal was dismissed as being time barred

Contentions on behalf of Civil Judge were that in terms of S.21(2) of Punjab Civil Servants Act, 1974 the remedy of representation was usable before the authority next above the authority which had made the dismissal order; that Governor of the province was the authority above the Chief Justice of the High Court, who had passed the dismissal order, therefore, representation before the Governor was competent and a validly invoked remedy, which was not decided within 90 days, constraining him to avail his right of (fresh) appeal, which was filed within time

Validity

Chief Justice of the High Court in his capacity as the competent authority had passed the dismissal order dated 9-3-2000, therefore, he (Chief Justice) had no authority to hear the appeal

Appeal filed before the Chief Justice of the High Court was neither competently instituted nor filed before the forum having jurisdiction, therefore, said appeal was returned via a letter, which never communicated that Civil Judge in question should avail any remedy of representation before the Governor in terms of S.21 of Punjab Civil Servants Act, 1974

Opting to approach the Governor instead of approaching the Tribunal within time, was the Civil Judge's own deed or comprehension of the law

Remedy under S.21(2) of Punjab Civil Servants Act, 1974 was only available before the authority next above the authority which made the order; the Governor of a province by no stretch of the constitutional scheme or interpretation of any provision of the Constitution or the law on the subject could be held to be an authority next above the Chief Justice and Judges of the High Court

Representation filed by civil judge before the Governor was not within the purview and contemplation of S.5(a) of Punjab Subordinate Judiciary Service Tribunal Act, 1991 read with S.21(2) of Punjab Civil Servants Act, 1974, therefore, 90 days' time period was not available to the civil judge as envisaged under S.5(a) of Punjab Subordinate Judiciary Service Tribunal Act, 1991

Dismissal order was passed on 9-3-2000 and conveyed to the civil judge in question on 23-3-2000, therefore, appeal filed before the Tribunal on 19-7-2000 was filed much beyond the prescribed period of limitation i.e. thirty days

Appeal was dismissed accordingly.