| Citation(s) |
|---|
| 2011 SLG 94 2011 SLD 94 2011 SCMR 361 |
Supreme Court of Pakistan
Civil Review Petitions Nos. 109 and 110 of 2006, decision dated: 11-02-2010. (Against the judgment dated 22-12-2005 passed by this Court in Civil Appeals Nos. 111 and 112 of 2000)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., CH. IJAZ AHMED AND GHULAM RABBANI, JJ
Raja Abdul Ghafoor, Advocate-on-Record for Petitioner (in both cases). Abdul Rauf Rohela, Advocate Supreme Court for
Respondent (in both cases).
Civil Review Petitions Nos. 109 and 110 of 2006, decision dated: 11-02-2010. (Against the judgment dated 22-12-2005 passed by this Court in Civil Appeals Nos. 111 and 112 of 2000)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., CH. IJAZ AHMED AND GHULAM RABBANI, JJ
Raja Abdul Ghafoor, Advocate-on-Record for Petitioner (in both cases). Abdul Rauf Rohela, Advocate Supreme Court for
Respondent (in both cases).
COMMISSIONER OF INCOME TAX, ZONE B, PESHAWAR-
VS
ZABEEL PALACE HOTEL, PESHAWAR
Law: Constitution of Pakistan, 1973
Section: 188
Constitution of Pakistan-----Art. 188---Review of Supreme Court ---Delay in filing review petition---Application for condonation of delay---Review petitions were barred by 128 days and applications for condonation of said delay were moved without assigning cogent reasons---Departmental authorities remained reluctant in pursuing legal remedy and ultimately time-barred proceedings were instituted without realizing that on account of such conduct of the individual, the Department and Public Exchequer in the case involving finances, had to suffer---Supreme Court observed that it was necessary for them to remain vigilant and not to allow the person responsible for the same without any departmental action---Application for condonation of delay having no substance, review petitions were dismissed with the direction to the concerned authorities to take action against the officers/officials responsible for not pursuing legal remedy diligently. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---These review petitions are barred by 128 days and applications have been moved but without assigning cogent reasons. In this behalf it may be noted that departmental authorities remain reluctant for one or the other reasons in pursuing legal remedy and ultimately time-barred proceedings were I instituted without realizing that on account of such conduct of the individual, the department and ultimately public exchequer in the cases involving finances have to suffer, therefore, it is necessary for them to remain vigilant and not to allow the persons responsible for the same without any departmental action. In the case of Chairman, District Evacuee Trust, Jhelum versus Abdul Khaliq through L.Rs. and others (PLD 2002 SC 436), such observations have been made. Relevant para therefrom is reproduced hereunder: "We are conscious that…
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