| Case ID |
0395f7b7-9df5-4df5-8566-178cc38eaaa3 |
| Body |
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| Case Number |
Appeal No. 135(R)(C.S.) of 2003 |
| Decision Date |
Jul 10, 2004 |
| Hearing Date |
Jul 10, 2004 |
| Decision |
The appeal filed by Munawar Khan was dismissed as incompetent due to being hopelessly time-barred. The Tribunal clarified that while it can condone delays in filing appeals under Section 4 of the Service Tribunals Act, it cannot extend the time for filing a departmental appeal. The appellant's claims regarding the delay were not substantiated, and it was determined that the departmental appeal was filed after the stipulated period. The Tribunal emphasized that official acts are presumed to be properly performed unless disproven with strong evidence, which the appellant failed to provide. Therefore, the appeal was deemed not competent and dismissed accordingly. |
| Summary |
This case revolves around the appeal of Munawar Khan, an employee of WAPDA, who contested a penalty imposed on him for negligence regarding the theft of electrical conductors. The Federal Service Tribunal analyzed the validity of the appeal, focusing on the time limits established by the Service Tribunals Act and the Limitation Act. The Tribunal found that the appeal was filed late and that the reasons provided for the delay were unconvincing. The decision highlights the importance of adhering to procedural timelines in administrative law, particularly within the context of employment disputes. Keywords such as 'WAPDA', 'Service Tribunals Act', 'Limitation Act', 'time-barred appeal', and 'legal representation' are crucial for understanding the implications of this ruling. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
WAPDA
|
| Judges |
JUSTICE (R) AMANULLAH ABBASI,
MOAZZAM HAYAT
|
| Lawyers |
Mr. S. Moazzam All Rizvi,
Mian Muhammad Javed
|
| Petitioners |
MUNAWAR KHAN
|
| Respondents |
another,
WAPDA through its CHAIRMAN WAPDA HOUSE, LAHORE
|
| Citations |
2004 SLD 3784,
2004 PLJ 240
|
| Other Citations |
1995 SCMR 1505,
2002 PLC (C.S.) 1641
|
| Laws Involved |
Service Tribunals Act, 1973,
Limitation Act, 1908
|
| Sections |
4,
5
|