Case Details

Citation(s)
2001 SLG 2033 2001 SLD 2033 2001 PLC 1170
Federal Service Tribunal, Islamabad
Appeal No.696-R of 1997, decision dated: 26-08-1998.
NOOR MUHAMMAD MAGSI AND MUHAMMAD AYUB KHAN, MEMBERS

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MUHAMMAD ILYAS HASHMI

VS

THE SECRETARY, MINISTRY OF INTERIOR, ISLAMABAD and 3 others

Law:

Section:

(a) Precedent---------- Sound and rightful order could be followed and cited as a precedent--­Entire system of law was based on the fair notion of justice in which rightful orders were made, obeyed and followed as precedents right from the bottom up to the order of the Supreme Court---Law/rules and regulations should be followed and not extraneous matters. (b) Service Tribunals Act (LXX of 1973)--- ----S.4---Appeal---Limitation---Appeal which was to be filed before Service Tribunal within 30 days from rejection of Departmental appeal, was filed by civil servant with delay of 20 days of prescribed period---Appeal filed by civil servant, was rightly dismissed on ground of limitation. Muhammad Asghar Khan for Appellant. Shujjat Hussain Naqvi, PDSP for Respondent-Department. Date of hearing: 24th August, 1998. JUDGMENT MUHAMMAD AYUB KHAN (MEMBER), ---Arguments have been heard and record perused. 2, For correct appreciation of merits of the case it is just and advisable to give a brief reference to the background leading to filing of the appeal by the appellant for redressal of his grievance and in this respect the services of the appellant, then posted as PI in Turbat District, Balochistan, were placed, on deputation, at the disposal of Capital Territory Police, Islamabad, by the Government of Balochistan, Home and Tribal Affairs Department, (Home Section) by order, dated 25-2-1992 as a result of which he joined the Islamabad Police on 30-3-1992 as per admission contained in Para.2 of the appeal and probably attracted by the charming atmosphere of the Islamabad Capital; inclusive of the surrounding hills and the pleasant weather, he applied for permanent absorption in the Capital Territory Police by application, dated NIL" photostat copy is available on the file at Annexure-"H", Page 14, which application was processed and ultimately the Inspector-General of Police, Islamabad, requested the Inspector-General of Police, Balochistan, Quetta, by letter, dated 12-10-1995 for permanent absorption of the appellant, by furnishing "No Objection Certificate" by the latter and ultimately, after processing the matter between the Inspector-­General of Police, Balochistan,…
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