Case Details

Citation(s)
2008 SLG 2065 2008 SLD 2065 2008 PLC 322
Supreme Court of Pakistan
C.P.L.A. No.271-K of 2006, decision dated: 5-07-2006. (On appeal from the judgment of Federal Service Tribunal, Karachi, dated 22-12-2005 passed in Appeal No.405(K)(C.S.) of 2002).
RANA BHAGWANDAS AND HAMID ALI MIRZA, JJ

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ENGINEER-INCHIEF, G.H.Q. and another

VS

ABDUL KHALIQ SIDDIQUI ENGINEER-INCHIEF, G.H.Q. and another vs ABDUL KHALIQ SIDDIQUI

Law:

Section:

Constitution of Pakistan (1973)-------Art. 212(3)---Petition for leave to appeal---Limitation---Condonation of delay---Petitioner in his application for condonation of delay had alleged that no copy of the was directly sent to him and through his personal efforts he was able to obtain copy after about 5 months of its announcement, whereas petition was filed after 26 days of obtaining copy of ---Explanation offered by petitioner for inordinate delay in filing petition could not be accepted because same was duly forwarded to the other petitioner and not to the petitioner as it would be against the well-settled practice and procedure of the Service Tribunal---Even otherwise, forwarding letter had clearly shown that copy of impugned had been duly endorsed to the petitioner---At any event, petitioner should have been diligent in asking for a copy and not to wait for five months and again to waste 26 days after collection of copy from the Tribunal---Petition being hopelessly barred by time and there being no sufficient cause to condone said delay, discretion could not be exercised in favour of petitioner, who had been highly negligent and careless in pursuing remedy before Supreme Court---Prayer of petitioner for extension of time, was rejected and petition was dismissed. Akhtar Ali Mehmood, Deputy Attorney-General for Petitioners. Nemo for Respondent. ORDER At the very outset, this petition is barred by 52 days. In the application for condonation of delay, it is admitted that judgment of the Federal Service Tribunal (hereinafter referred to as the Tribunal) was announced on 22-12-2005 and office of the Tribunal forwarded a copy thereof to…
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