RAFAQAT ALI vs CHIEF SECRETARY, GOVERNMENT OF THE PUNJAB, LAHORE S — 2024 SCMR 34 SUPREME-COURT

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RAFAQAT ALI VS CHIEF SECRETARY, GOVERNMENT OF THE PUNJAB, LAHORE S. 19(2)---Punjab Technical Education and Vocational Training Authority Act (X of 2010), S. 20---Appeal before the Service Tribunal---Limitation---Petitioner (employee) filed a Departmental Appeal before the Chairman, TEVTA on 26.02.2020 which remained pending---During the intervening period, the petitioner also filed a representation before the Chief Secretary, Government of Punjab which remained undecided and according to him, in the same period of time, there was also a lockdown due to COVID-19 pandemic---Though the petitioner approached the learned Tribunal on 16.06.2020, record showed that during the pendency of appeal before the Tribunal, the Chairman TEVTA decided the pending departmental appeal of the petitioner vide order dated 30.11.2020---Tribunal dismissed the service appeal of the petitioner predominantly on the ground of limitation and observed in the impugned order that, according to section 19(2) of the Punjab Employees Efficiency, Discipline and Accountability Act, 2006 ("PEEDA Act") the petitioner was required to approach the Tribunal between 26.04.2020 and 26.05.2020, but he filed the appeal in the Tribunal on 16.06.2020 with a delay of 20 days, hence appeal filed by the petitioner was dismissed being barred by time---Validity---Before non-suiting the petitioner on the ground of limitation, the fundamental question with regard to the competent authority should have been determined by the Tribunal vis-à-vis the claim and assertion of the petitioner whether being a civil servant, he rightly approached the Chief Secretary and, if he was not competent, then which was the competent authority for deciding his departmental appeal under the Punjab Technical Education and Vocational Training Authority Act, 2010 (TEVTA Act)---Tribunal should have also determined another crucial aspect of lockdown due to COVID-19 pandemic which had direct nexus with the plea of limitation in view of the notification, if any, issued from time to time by the Service Tribunal, relaxing the period of limitation during the lockdown period or following any other notification issued by the Federal Government or Government of Punjab and/or the Lahore High Court during the COVID-19 pandemic and then the appeal should have been decided where obviously the question of limitation could also be adverted to by the Service Tribunal whether any relaxation for freezing or immobilizing the period of limitation for filing appeal was available to the petitioner during interacted period attributable to lockdown as a result of COVID-19 or not?---Petition for leave to appeal was converted into an appeal and allowed, the impugned order of the Tribunal was set aside and the matter was remanded to decide the appeal afresh, preferably within a period of 60 days.

RAFAQAT ALI vs CHIEF SECRETARY, GOVERNMENT OF THE PUNJAB, LAHORE S — 2024 SCMR 34 SUPREME-COURT

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