2021 PLC(CS) 420 SUPREME-COURT

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AJMIR SHAH, EX-SEPOY VS The INSPECTOR-GENERAL, FRONTIER CORPS KHYBER PAKHTUNKHWA Where a law required doing of something in a particular manner it had to be done in the same manner and not otherwise. Citation Name: 2021 PLC(CS) 420 SUPREME-COURTBookmark this Case AJMIR SHAH, EX-SEPOY VS The INSPECTOR-GENERAL, FRONTIER CORPS KHYBER PAKHTUNKHWA R. 14---Frontier Corps Ordinance (XXVI of 1959). S. 10---Sepoy in Frontier Corps---Appeal against dismissal from service---Time barred appeal---Departmental appeal against dismissal order had to be filed by the petitioner-Sepoy within one month from the date on which he was informed of the order appealed against, however he filed the same after more than 4 years and 5 months---Plea of petitioner that he did not file the departmental appeal within time, for the reason that service appeal of one of his colleagues was pending before the Tribunal and petitioner waited for the decision of the said service appeal, and only after such service appeal of his colleague was decided by the Tribunal, converting his penalty of dismissal to compulsory retirement, upheld by the Supreme Court and implemented by the department, the petitioner filed the departmental appeal---Validity---Such plea was not a sufficient cause or reason for the petitioner to file his departmental appeal after more than 4 years and 5 months---Petitioner himself did not seem to be aggrieved of the order by which he was .dismissed from service and his assertion that he waited for the result of the service appeal of his colleague showed that the petitioner relied upon the grievance of his colleague and not of his own---Law did not leave choice to an employee to raise his grievance after his colleague succeeded in his case---Employee had to raise his grievance immediately when cause to him had arisen and more so within the limitation period for it provided by law---Service Tribunal had rightly found the service appeal of the petitioner to be time barred---Petition for leave to appeal was dismissed and leave was refused. Citation Name: 2021 PLC(CS) 420 SUPREME-COURTBookmark this Case AJMIR SHAH, EX-SEPOY VS The INSPECTOR-GENERAL, FRONTIER CORPS KHYBER PAKHTUNKHWA R. 14---Frontier Corps Ordinance (XXVI of 1959), S.10---Sepoy in Frontier Corps---Appeal against dismissal from service---Time barred appeal---Reading of R. 14 of the Frontier Corps Rules, 1961 and S. 10 of the Frontier Corps Ordinance, 1959, made it clear that petitioner-Sepoy was entitled to file departmental appeal against the order imposing upon him penalty of dismissal from service and such departmental appeal had to be filed by the petitioner within one month from the date on which he was informed of the order appealed against---Admittedly the petitioner filed the departmental appeal against the order of dismissal dated 23-10-2008 on 28-03-2013, i.e. after more than 4 years and 5 months---In terms of R. 14 of the Frontier Corps Rules, 1961 the petitioner was required to apply to the authority against whose order he wished to file an appeal for extension of time citing unavoidable causes of delay and only after the authority had so certified, the delay in filing of the departmental appeal could be condoned---However the record showed that the petitioner had not applied to the authority seeking extension of time for filing of a departmental appeal--- Furthermore the principle of implied extension could not be pressed in the present case, for that, in terms of the R. 14 the appellate authority was not vested with the power of granting extension in filing of a departmental appeal---Service Tribunal had rightly found the service appeal of the petitioner to be time barred---Petition for leave to appeal was dismissed and leave was refused.

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