Case Details

Citation(s)
1997 SLG 974 1997 SLD 974 1997 PLC 831
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 62 of 1996, decision dated: 2-06-1997. (On appeal from the order dated 15-10-1995 of the Federal Service Tribunal, Islamabad, passed in Miscellaneous Petition No. 122 of 1995 in Appeal No. 516(R) of 1994).
AJMAL MIAN, ACTG. C.J., MUHAMMAD BASHIR KHAN, JEHANGIRI AND NASIR ASLAM ZAHID, JJ
Sh. Riazul Haq, Advocate Supreme Court and Ch. Akhtar Ali, AdvocateonRecord for Petitioner. Nemo for
Respondents.

ALI KHAN SUBANPOTO

VS

FEDERATION OF PAKISTAN and others

Law:

Section:

(a) Service Tribunals Act (LXX of 1973)PreambleFederal Service Tribunal whether can review its order­Service Tribunal has no jurisdiction to review its earlier judgment, there being no provision in the Service Tribunals Act, 1973. Muhammad Yousaf and another v. Government of Pakistan 1992 SCM R 1748 ref. (b) Service Tribunals Act (LXX of 1973) S. 5(2)Civil Procedure Code (V of 1908), O. XX, R. 1Powers of Service TribunalService Tribunal by fiction is deemed to be a Civil Court and hear appeal under the Service Tribunals Act, 1973Provisions of O. XX, R. 1, C.P.C. cannot be invoked as the same relate to the disposal of the suits. Though in subsection (2) of section 5 of the Service Tribunals Act, 1973 it has been provided that the Tribunal shall for the purpose of deciding any appeal, be deemed to be a Civil Court and shall have the same powers as are vested in such Court under the Code of Civil Procedure, 1908, including the powers of (a) enforcing the attendance of any person and examining him on oath; (b) compelling the production of documents; (c) issuing commission for the examination of witnesses and documents; but this is a deeming provision. It cannot be extended beyond the object for which it was enacted and by fiction the Tribunal was deemed to be a Civil Court. Since the Tribunal hears an appeal under the Act, the provisions of Order XX, Rule 1, C.P.C. cannot be invoked as the same relate to the disposal of the suits. (c) Service Tribunals Act (LXX of 1973) S. 4Civil Procedure Code (V of 1908), O. XLI, R. 30Appeal before Service TribunalPronouncement of judgment Provision of' O. XLI, R.30; C.P.C. is not applicableService Tribunal, however, is not free to pronounce judgment at its sweetwill whenever it likes even after considerable delayQuestion as to what period will be reasonable for pronouncing judgment in a particular appeal Mott '(Tribunal, will depend on the facts of each case and the legal points involved thereinNo general principle of universal application can be laid downWhere such delay was for about one month and 20 days, the same was not considered a long delay to which any exception could be taken by Supreme Court. Order XLI, Rule 30,…
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