| Citation(s) |
|---|
| 2002 SLG 688 2002 SLD 688 2002 SCMR 581 |
Supreme Court of Pakistan
Civil Petition No. 2610 of 2001, decided on 19th October, 2001. (On appeal from the judgment dated 9-8-2001 passed by the Balochistan Service Tribunal, Quetta, in S.A. No. 17/1998)
NAZIM HUSSAIN SIDDIQUI AND, JAVED IQBAL, JJ
Ibadur Rehman Lodhi, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record (absent) for Petitioners.
Civil Petition No. 2610 of 2001, decided on 19th October, 2001. (On appeal from the judgment dated 9-8-2001 passed by the Balochistan Service Tribunal, Quetta, in S.A. No. 17/1998)
NAZIM HUSSAIN SIDDIQUI AND, JAVED IQBAL, JJ
Ibadur Rehman Lodhi, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record (absent) for Petitioners.
BABER GUL and anothers
VS
SOHAIL AHMAD SHEIKH and others
Law:
Section: 4
Law: Constitution of Pakistan, 1973
Section: 212(3)
Law: Limitation Act, 1908
Section: 5
(a) Balochistan Service Tribunals Act (V of 1974)--- ----S. 4---Limitation Act (IX of 1908), S.5---Constitution of Pakistan (1973), Art.212(3)---Appeal to Tribunal---Limitation---Delay condoned by Service Tribunal---Validity---Sufficiency of cause for condonation of delay being a question of fact was within the exclusive jurisdiction of Service Tribunal--Discretion in condoning the delay once exercised by Service Tribunal could neither be interfered with nor disturbed by Supreme Court subject to certain exceptions. Ali Hasan Rizvi v. Islamic Republic of Pakistan 1986 SCMR 1086; Muhammad Azhar Khan v. Services Tribunal, Islamabad 1976 SCMR 262; Yousaf Hussain Siddiqui v. Additional Settlement and Rehabilitation Commissioner, Peshawar 1976 SCMR 268; WAPDA v. Abdul Rashid Dar 1990 SCMR 1513; Sher Bahadur v. Government of N.-W.F.P. 1990 SCMR 1519 and Zahida v. Deputy Director 1990 SCMR 1504 ref. (b) Constitution of Pakistan (1973)--- ----Art. 212(3)---Balochistan Service Tribunals Act (V of 1974), S.4--Appeal to Supreme Court would be competent, when case involved a substantial question of law of public importance---Service Tribunal had dilated upon all controversial questions in a comprehensive manner after having scrutinized entire record and relevant laws---Service Tribunal had exercised its discretion judiciously, which was neither arbitrary nor capricious---Conclusion drawn by Service Tribunal was in accordance with law and settled norms of justice---Judgment of Service Tribunal was not suffering from any ambiguity or illegality warranting interference by Supreme Court---Petition for leave to appeal was dismissed being devoid of merits. (c) Constitution of Pakistan (1973)--- ----Art. 212(3)---Balochistan Service Tribunals Act (V of 1974), S.4--Petition for leave to appeal to Supreme Court from order of Service Tribunal is competent where the case involves a substantial question of law of public importance and in absence whereof, leave to appeal may not be granted. 1986 SCMR 1; 1982 SCMR 897; 1981 SCMR 715; PLD 1980 SC 22; 1980 SCMR 722; 1980 SCMR 148; 1976 SCMR 268; 1976 SCMR 262; 1976 SCMR 311; 1990 SCMR 1446; 1990 SCMR 560; 1989 SCMR 330; 1989 SCMR 1677;…
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