Case Details

Citation(s)
2003 SLG 3408 2003 SLD 3408 = 2003 PLD 40
Supreme Court of Pakistan
Civil Appeal No. 660 of 2001, decided on 31st October, 2002.
JAVED IQBAL, SARDAR MUHAMMAD RAZA KHAN AND FALAK SHER, JJ
Kh. Muhammad Farooq, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Appellant.Agha Tariq Mahmood, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for
Respondents.

IMTIAZ AHMAD MAHMOODvsFEDERAL BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, Islamabad court through Chairman and another--Respondents

Law: Federal Service Tribunals Act, (LXX of 1973)

Section: 4,6 & 2-A

Law: Constitution of Pakistan, 1973

Section: 212(3)

(a) Service Tribunals Act (LXX of 1973)-------Ss. 4 & 2-A---Constitution of Pakistan (1973), Art.212(3)---Appeal--�Service Tribunal---Jurisdiction---Scope---Service Tribunal while dismissing the appeal as withdrawn made an observation to the effect that "if any Court had passed any in respect of terms and conditions of service of a civil servant or deemed to be a civil servant after 10-6-1997 (the date of insertion of S.2-A in the Service Tribunals Act, 1973) the same was void and of no legal effect---Validity---Leave to appeal was granted by Supreme Court to consider, inter alia, as to whether Service Tribunal had the authority to make any observation declaring a Civil Court's decree to be void particularly �when the appellant before the Tribunal had withdrawn the appeal unconditionally.(b) Service Tribunals Act (LXX of 1973)-------Ss.4 & 2-A---Appeal to Service Tribunal---Jurisdiction of Service Tribunal---Scope---Service Tribunal, while dealing with the terms and conditions of civil servant in appeal, can only uphold or set aside an order passed by a Departmental Authority and no more and no less---Service Tribunal cannot sit in appeal against the of a Civil Court which is not only of a Court of general jurisdiction but has its own hierarchy ascending right up to the Supreme Court---Principles.(c) Service Tribunals Act (LXX of 1973)-------Ss.4 & 2-A---Appeal to Service Tribunal---Jurisdiction of Service Tribunal---Scope---Service Tribunal while dismissing appeal of civil servant as withdrawn made an observation to the effect that "if any Court had passed any in respect of terms and conditions of service of a civil servant or deemed to be a civil servant after 10-6-1997 (the date of insertion of S. 2A in the Service Tribunals Act, 1973) the same was void and of no legal effect---Validity---Held, observations made by the Service Tribunal against he of Civil Court were not sustainable at all.(d) Words and phrases------- Void order" or "order without jurisdiction"---Connotation---Both the terms have their own independent entities and entail different consequences. Anisminic Ltd. v. Foreign Compensation Commission (1969) 2 AC 147; Conforce…
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