Case Details

Citation(s)
2001 SLG 1515 2001 SLD 1515 2001 SCMR 1453
Supreme Court of Pakistan
hearing DATE : 25-08-2000. (On appeal from the judgment of the Federal Service Tribunal dated 19-2-2000 passed in Appeal No. 10150 of 1998)
DEEDAR HUSSAIN SHAH AND HAMID ALI MIMI, JJ
Shaft Muhammadi, Advocate Supreme Court for Petitioner. Mumtaz Shaikh, Advocate Supreme Court and K.A. Wahab, Advocate-on-Record for
Respondents

NISAR AHMED KHOSO

VS

P.I.A.C. and others

Law:

Section:

Service Tribunals Act (LXX of 1973)--- Ss.2A & 4Constitution of Pakistan (1973), An, 212(3)Termination from serviceAudi alteram parterrl, principle ofEmployee of statutory corporationAppeal before Service TribunalTermination without any showcause noticeLeave to appeal was granted by Supreme Court to consider, whether Service Tribunal did not consider the established principle of audi alteram partem and on such score alone the judgment was liable, to be set aside; and whether the Tribunal passed judgment without applying its judicial mind to the facts and law involved and based its finding on extraneous facts wholly irrelevant to the issue involved in the appeal. ORDER DEEDAR HUSSAIN SHAH, J. -Petitioner seeks leave to appeal against judgment of the Federal Service Tribunal dated 1922000 whereby his Appeal bearing No. 1015K of 1998 was dismissed. 2. Mr. Shafi Muhammadi, Advocate Supreme Court for the -Petitioner submits that the appeal was dismissed by the Service Tribunal as not maintainable being timebarred without touching merits of the case; that the -Petitioner was serving in the Education Department as a Sindhi Language Teacher and on requisition, the -Respondent vide letter dated 1641996 informed the -Petitioner that he would be absorbed in PIA in Pay GroupV subject to acceptance of his resignation by his parent department. The -Petitioner was further advised to tender his resignation to the parent department for necessary action. Accordingly his resignation tendered by the -Petitioner was accepted and vide letter dated 2491996 he was absorbed stating that "we are pleased to inform you that you stand permanently absorbed as Training Coordinator in Pay GroupV w.e.f. 1961995". Subsequently services of the -Petitioner were terminated without any showcause notice and affording an…
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