| Citation(s) |
|---|
| 1990 SLG 313 1990 SLD 313 1990 PLD 692 |
Supreme Court of Pakistan
Respondents Civil Appeal No. 17 of 983, decision dated:10-04-1990.
SHAFIUR RAHMAN, AJMAL MIAN AND RUSTAM S. SIDHWA, JJ
Muhammad Afzal Siddiqi, Deputy Attorney-General and Imtiaz Muhammad Khan, Advocate-on-RecordS.Abul Aasim Jafri, Advocate-on-Record No. 2.
Respondents Civil Appeal No. 17 of 983, decision dated:10-04-1990.
SHAFIUR RAHMAN, AJMAL MIAN AND RUSTAM S. SIDHWA, JJ
Muhammad Afzal Siddiqi, Deputy Attorney-General and Imtiaz Muhammad Khan, Advocate-on-RecordS.Abul Aasim Jafri, Advocate-on-Record No. 2.
FAZAL ELAHI SIDDIQIvsPAKISTAN through Secretary, Establishment Division and 2 others
Law:
Section:
(a) Service Tribunals Act (LXX of 1973)----- Ss. 4 & 7 --- Constitution of Pakistan (1973), Art.212(3) --- Limitation Act (IX of 1908), Ss. 5 & 12 --- Leave to appeal was granted to consider question, whether Service Tribunal was justified in dismissing the appeal on the ground of limitation. (b) Constitution of Pakistan (1973)-- Link 1 Link 2 --- Art. 212(3) --- Service Tribunals Act (LXX of 1973), Ss. 4 & 7 --- Limitation Act (IX of 1908), Ss. 5 & 12- --Service Tribunal should press into service question of limitation strictly --- Fact that Service Tribunal had dismissed the appeal on the ground of limitation without touching upon the merits of the case, would not render the order under appeal legally infirm, as to warrant interference by Supreme Court ---Different principle is applicable in service matters as in service cases limitation is to be applied strictly --- Court is not bound to examine a case on merits, even though the same may be patently barred by limitation under the relevant law as in any case it is a matter of discretion for the Court concerned. Chairman, District Screening Committee, Lahore and another v. Shari Ahmad Hashmi PLD 1976 SC 258; S. Sharif Ahmad Hashmi v. Chairman, Screening Committee, Lahore and another 4978 SCMR 367; Yousaf Ali v Muhammad Aslam Zia and 2 others PLD 1958 SC (Pak.) 104; Punjab Province v The Federation of Pakistan PLD 1956 FC 72; Muhammad Swaleh and another v Messrs United Grain and Fodder Agencies PLD 1964 SC 97; Chief Kwame Asante v. Chief Kwame Tawia PLD 1949 PC 45; Hussain Bakhsh and others v Settlement Commissioner and another PLD 1969 Lah. 1039; Nawab Syed Raunaq Ali and others v. Chief Settlement Commissioner and others PLD 1973 SC 236; Chief Settlement Commissioner, Lahore v. Raja Muhammad Fazil Khan and others PLD 1975 SC 331; WAPDA v. Abdul Rashid Bhatti 1989 SCMR 467; Federation of Pakistan v. Muhammad Azim Khan 1949 SCMR 1271; Inspector-General of Police, Balochistan v. Jawad Haider and another 1987 SCMR 1606; WAPDA v. Aurangzeb 1988 SCMR 1354; Muhammad Naseem Sipra v. Secretary, Government of Punjab 1989 SCMR 1149; Muhammad Ismail Memon v. Government of Sindh and another 1981 SCMR 244;…
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