Case Details

Citation(s)
2010 SLG 3153 2010 SLD 3153 2010 PLC 818
Supreme Court of Pakistan

MIAN HAMID FAROOQ, SYED ZAWWAR HUSSAIN JAFFERY AND SARMAD JALAL OSMANY, JJ

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DEPUTY POST MASTER GENERAL, REGIONIII, POST OFFICE DEPARTMENT, HYDERABAD and others

VS

MUHAMMAD JAVAID

Law: Removal from Service (Special Powers) Ordinance, (XVII of 2000)

Section: 3,5,6,10

Law: Service Tribunals Act, 1973

Section: 4

Law: Constitution of Pakistan, 1973

Section: 212(3)

Removal from Service (Special Powers) Ordinance (XVII of 2000)---   ----Ss. 3, 5, 6 10---Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan (1973), Art.212(3)---Supreme Court Rules, 1980, O.XXXIII---Limitation Act (IX of 1908) S.5---Dismissal from service---Reinstatement---Employee was dismissed from service by the competent authority---Service Tribunal on appeal set aside dismissal order and directed reinstatement of employee with all back-benefits---Validity----Petition for leave to appeal to Supreme Court by the department was barred by time by two days for which the department filed an application under S.5 of Limitation Act, 1908 read with O.XXXIII of Supreme Court Rules, 1980 for condonation of delay---Validity---In the absence of sufficient cause for condonation of delay within the parameters of law, delay could not be condoned---No question of law of public importance within the contemplation of Art.212(3) of the Constitution being involved in the case, no case for the grant of leave to appeal was made out---Petition was dismissed.   ORDER MIAN HAMID FAROOQ, J.--- Deputy Post Master General, Region-III, Post Office Department, Hyderabad and others petitioners, seek leave to appeal against judgment dated 12-1-2008, whereby the learned Federal Service Tribunal, Karachi (Tribunal) accepted respondents appeal, set aside the…
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