| Citation(s) |
|---|
| 2001 SLG 780 2001 SLD 780 2001 SCMR 300 |
Supreme Court of Pakistan
Civil Petition No. 363-K of 1999, decided on 27th December, 1999. (On appeal from the judgment of the Federal Service Tribunal, dated 22-4-1999, passed in Appeal No. 65-K of 1999)
SAIDUZZAMAN SIDDIQUI, C.J., NASIR ASLAM ZAHID AND MAMOON KAZI, JJ
Ali Akbar, Advocate Supreme Court and Advocate-on-Record for Petitioner
Civil Petition No. 363-K of 1999, decided on 27th December, 1999. (On appeal from the judgment of the Federal Service Tribunal, dated 22-4-1999, passed in Appeal No. 65-K of 1999)
SAIDUZZAMAN SIDDIQUI, C.J., NASIR ASLAM ZAHID AND MAMOON KAZI, JJ
Ali Akbar, Advocate Supreme Court and Advocate-on-Record for Petitioner
SHAH MUHAMMAD CHAUDHRY
VS
FEDERAL SERVICE TRIBUNAL and others
Law: Constitution of Pakistan, 1973
Section: 212(3)
Law: Service Tribunals Act, 1973
Section: 4
Constitution of Pakistan (1973)---- ----Art. 212(3)---Service Tribunals Act (LXX of 1973), S.4---Appeal before Service Tribunal---Limitation---Appeal of the civil servant was dismissed by Service Tribunal being time-barred---Contention raised by the civil servant was that his case was pending before Reinstatement Review Committee and appeal was filed after the decision of Committee thus appeal before the Tribunal was not time-barred---Validity---Where the civil servant's case had been referred to the Committee and case remained there pending for decision, there was no occasion for the civil servant to approach the Service Tribunal unless final decision was taken in that regard---Service Tribunal had overlooked such fact of the case and the finding of the Service Tribunal that the case of civil servant was time-barred required reconsideration---Judgment of Service Tribunal was set aside and Supreme Court converted petition for leave to appeal into appeal and remanded the case accordingly. ORDER MAMOON KAZI, J.---The petitioner joined Pakistan Steel Mills Corporation on deputation on 7-10-1981 and voluntarily got his retirement from his parent department, Government Polyclinic, Sargodha, vide order, dated 15-2-1990. He was then appointed as Deputy General Manager with effect from 7-10-1989 but vide order, dated 21-7-1992, he was reverted to the post of Manager. 2. The order passed by the Service Tribunal indicates that the petitioner filed his departmental appeal on 20-8-1992 and thereafter, he filed further appeals, dated 7-9-1994, 24-10-1997 and 14-12-1998 respectively. Consequently, there being no provision in the Service Tribunals Act for subsequent appeal, it found that the petitioner's appeal filed before it was time-barred and dismissed the same. 3. Our attention has been invited to the' memorandum of appeal tiled by the petitioner before the Tribunal which indicates that after change of…
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