Law:

Section:

Service Tribunals Act (LXX of 1973)---S.4---Constitution of Pakistan (1973), Art.212(3)---Reinstatement in service ---Condonation of delay by Service Tribunal---Perverse findings of Service Tribunal---Onus to prove---Civil servants' appeals were time-barred and Service Tribunal while considering the order of termination as being void and mala fide condoned the delay and allowed the appeals--.-Validity--­Was for the Authorities to have produced material before Supreme Court to demonstrate that the findings of the Service Tribunal were either perverse or based on no evidence---No such plea had been raised in the memo. of petition filed before Supreme Court---Question agitated by the Authorities was purely a question of fact which had been decided against the Authorities and the Authorities had not been able to show that the findings of Service Tribunal suffered from any perversity---Supreme Court declined to interfere with the passed by Service Tribunal---Leave to appeal was refused. JUDGMENT SAIDUZZAMAN SIDDIQUI, CJ.---The petitioner is seeking leave to appeal against the judgment of Sindh Service Tribunal, dated 6-4-1999, whereby the appeals filed by the respondents were disposed of as follows:--- "We have gone through the arguments of either side carefully. The established legal position is that there is no limitation against a void/illegal order. The considered/consistent view of the superior judiciary in Pakistan has been that limitation should not be considered, where there is a material denial of justice. Moreover, the appellant in these appeals being illiterate/semi-illiterate constable, we are competent to condone delay and do so following the traditions of superior judiciary that has invariably shown magnanimity and benevolence to the downtrodden members of the society." As pointed out by the learned counsel for the appellant, we have earlier allowed the similar appeals of Excise and Taxation employees of various cadres through detailed judgments, as already quoted above particularly because justice demands that whatever action is taken against a civil servant has to be through a transparent and bona fide action. Unfortunately, the respondents through a…

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