| Case ID |
04d0f7f9-5d4e-49f4-bdf9-f8f2ebe052f8 |
| Body |
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| Case Number |
Appeal No. 390(L) of 1988 |
| Decision Date |
Jan 31, 1989 |
| Hearing Date |
Dec 27, 1988 |
| Decision |
The appeal was dismissed as time-barred because it was filed more than thirty days after the communication of the rejection of the departmental appeal. The appellant failed to provide substantial reasons for condonation of the delay in filing the appeal, resulting in the dismissal in limine. |
| Summary |
In the case of Appeal No. 390(L) of 1988, the Federal Service Tribunal addressed the matter of a railway employee who was reverted from the post of Stenographer (BPS-15) to Stenotypist (BPS-12) for six months due to disciplinary actions. The employee filed a departmental appeal which was rejected, and subsequently, the appeal to the tribunal was filed after the statutory period, leading to its dismissal. This case highlights the importance of adhering to the timelines set forth in the Limitation Act and the necessity of providing valid justifications for any delay in filing appeals. Understanding the nuances of the Railway Servants (Efficiency and Discipline) Rules and the Service Tribunals Act is crucial for legal professionals dealing with employment law, and it emphasizes the need for prompt action in challenging administrative decisions. This case serves as a reference for future disputes regarding the efficiency and discipline of railway employees, and it underscores the judicial perspective on time constraints in legal proceedings. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Pakistan Railways
|
| Judges |
CH. HASSAN NAWAZ,
KH. ABDUL JALIL,
MUHAMMAD IQBAL
|
| Lawyers |
Muhammad Aslam,
Nemo
|
| Petitioners |
Muhammad Aslam
|
| Respondents |
others,
THE GENERAL MANAGER, PAKISTAN RAILWAYS
|
| Citations |
1989 SLD 2214,
1989 PLC 472
|
| Other Citations |
Not available
|
| Laws Involved |
Railway Servants (Efficiency and Discipline) Rules, 1975,
Service Tribunals Act (LXX of 1973),
Limitation Act (IX of 1908)
|
| Sections |
5,
6,
4,
5
|