| Citation(s) |
|---|
| 2002 SLG 1288 2002 SLD 1288 2002 SCMR 947 |
Supreme Court of Pakistan
Civil Petition No. 1309 of 1999, decision dated: 8-01-2002.(On appeal from the judgment dated 8-8-1997 of the Federal Service Tribunal, Islamabad passed in Appeal No. 123(P)/1997)
MUHAMMAD BASHIR, JEHANGIRI, C.J., SH. RIAZ AHMED AND SYED DEEDAR HUSSAIN SHAH, JJ
Khush Dil Khan Mohmand, Advocate Supreme Court for Petitioner. Haji Muhammad Zahir Shah, Advocate Supreme Court for
Respondents Nos.2 and 3
Civil Petition No. 1309 of 1999, decision dated: 8-01-2002.(On appeal from the judgment dated 8-8-1997 of the Federal Service Tribunal, Islamabad passed in Appeal No. 123(P)/1997)
MUHAMMAD BASHIR, JEHANGIRI, C.J., SH. RIAZ AHMED AND SYED DEEDAR HUSSAIN SHAH, JJ
Khush Dil Khan Mohmand, Advocate Supreme Court for Petitioner. Haji Muhammad Zahir Shah, Advocate Supreme Court for
Respondents Nos.2 and 3
Pir NAZIR AHMAD SHAH
VS
GOVERNMENT OF PAKISTAN through Secretary, States and Frontier Regions Division, Islamabad and 2 others
Law:
Section:
Service Tribunals Act (LXX of 1973)---Ss. 2-A [as inserted by Service Tribunals (Amendment) Act (XVII of 1997)] & 4---Limitation Act (IX of 1908), S.5---Constitution of Pakistan (1973), Art.212(3)---Respondent-Corporation removed the petitioner from service on 29-8-1994 on charge of embezzlement---Petitioner's departmental appeal was dismissed on 4-6-1997, but he challenged the same before Service Tribunal in time-barred appeal, which was accompanied with application for condonation of delay showing the reasons for approaching the Tribunal belatedly---Service Tribunal dismissed the application for condonation of delay as well as the appeal on the ground that S.2-A of Service Tribunals Act, 1973, came into force on 10-6-1997, which was not retrospective in operation, thus, petitioner was not a civil servant on the dates when the two impugned orders were passed---Validity---Service Tribunal should have taken a lenient view while considering the application for condonation of delay in appeal---Supreme Court, in circumstances, converted the petition into appeal and accepted the same, set aside the impugned and remanded the case to Service Tribunal with directions to reconsider the application for condonation of delay rather leniently in the light of observations of Supreme Court made in Muhammad Yaqoob's case (2000 SCMR 830) and unreported in Civil Appeals Nos.882 to 890 of 1999 and simultaneously decide the appeal on merits so to obviate the eventuality of remand of the case again. Azimullah, Ex-Inspector v. Chairman, Board of Trustees, Abandoned Properties Organization and others 2001 PLC (C.S.) 358; Muhammad Yaqoob v. Pakistan Petroleum Ltd. and another 2000 SCMR 830 and Civil Appeals Nos. 882. to 890 of 1999 ref. JUDGMENT MUHAMMAD BASHIR JEHANGIRI, C.J.----The petitioner seeks leave to appeal against the order of the learned Federal Service Tribunal (The Tribunal) dated 8-8-1997 dismissing his service appeal. 2. Brief facts of the case are that the petitioner was employed as Storekeeper. S.W. Project Division, FATA Development Corporation. It appears that he was removed from service on the charge of defalcation of 43,468 bags of cement. It was also directed…
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