| Case ID |
3757f098-1a1b-4b12-9a03-5ede52704eb7 |
| Body |
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| Case Number |
Appeal No. 55 of 1975 |
| Decision Date |
Aug 25, 1975 |
| Hearing Date |
|
| Decision |
The appeal was dismissed in limine due to being time-barred. The appellant, Muhammad Khan, failed to file the appeal within the stipulated 30-day period following the communication of the order dated June 5, 1975. The Tribunal noted that the appellant did not make any express prayer for the condonation of delay nor provided sufficient explanation for the delay. The reliance on section 8 of the N.W.F.P. Service Tribunals Act was deemed misplaced, as this section pertains to appeals resulting from the abatement of previously pending cases, which was not applicable in this situation. Consequently, the appeal was found without merit and dismissed. |
| Summary |
The case involves an appeal by Muhammad Khan against an order of discharge from service issued by the Divisional Forest Officer, Kohat. The Service Tribunal evaluated the appeal based on the N.W.F.P. Service Tribunals Act of 1974 and the Limitation Act of 1908. It was determined that the appeal was filed beyond the 30-day limitation period stipulated in section 4 of the Act, as it was submitted 41 days after the order was communicated to the appellant. The Tribunal emphasized the necessity for the appellant to provide a valid explanation for the delay for the appeal to be considered. The decision reiterated the importance of adhering to procedural timelines and the implications of failing to do so. The ruling serves as a crucial reminder for litigants regarding the strict adherence to limitation periods in legal proceedings, thus reinforcing the significance of timely actions in the judicial process. Keywords such as 'service tribunal appeal', 'limitation period', 'discharge from service', and 'legal procedures' are essential in understanding the context and implications of this case. |
| Court |
Service Tribunal, N.W.F.P.
|
| Entities Involved |
|
| Judges |
Muhammad Khurshid Khan
|
| Lawyers |
|
| Petitioners |
Muhammad Khan
|
| Respondents |
Divisional Forest Officer, Kohat
|
| Citations |
1976 SLD 633 = 1976 PLC 60
|
| Other Citations |
Not available
|
| Laws Involved |
N.W.F.P. Service Tribunals Act (I of 1974),
Limitation Act (IX of 1908)
|
| Sections |
4,
8
|