Case Details

Citation(s)
2010 SLG 2856 2010 SLD 2856 2010 SCMR 1680
Supreme Court of Pakistan
Civil Petition No.818 of 2010, decision dated: 23rd July, 2010
MIAN SHAKIRULLAH, JAN, RAJA FAYYAZ AHMAD AND TARIQ PARVEZ KHAN, JJ

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

MUSHTAQ AHMAD KHOKHAR

VS

. PAKISTAN POST OFFICE through Director-General, Islamabad High Court High Court and another

Law:

Section:

Removal from Service (Special Powers) Ordinance (XVII of 2000)-------S. 10 & proviso---Constitution of Pakistan (1973), Art.212(3)---Dismissal from service---Appeal---Limitation---Reminders to department---Representation to departmental authority submitted by civil servant on 16-9-2001, remained not responded by department within 60 days from the submission of representation--- Civil servant was to prefer appeal to Service Tribunal within next 30 days of the expiry of the period of 60 days, which he did not avail, therefore, his appeal was dismissed by Service Tribunal being barred by limitation---Validity---Appeal preferred before Service Tribunal was barred by time and civil servant did not submit even application seeking for condonation of delay---After submission of departmental representation, followed by reminders dated, 30-9-2001, 3-7-2006 and 6-7-2006, made by civil servant, authorities vide letter dated 29-11-2006, addressed to civil servant, informed that his representation dated 16-9-2001, earlier submitted by him, was rejected by competent authority as barred by limitation, would not per se enlarge limitation period for filing appeal before Service Tribunal---In view of period of limitation for filing of appeal as envisaged by proviso to S.10 of Removal From Service (Special Powers) Ordinance, 2000, civil servant failed to raise any question of law of public importance--Supreme Court declined to interfere in passed by Service Tribunal---Leave to appeal was refused. Central Board of Revenue v. Chairman/Secretary, Revenue Division, Islamabad v. Shafiq Muhammad and another 2008 SCMR 1666 distinguished. Abdul Rahim Bhatti, Advocate Supreme Court for Petitioner. Mazhar Ali Ch. D.A.-G. for Respondents. Muhammad Shakoor, Assistant Post Master-General, Rawalpindi Circle, Hameed Ullah, Assistant Superintendent Court Circle Office, Rawalpindi (on Court's Notice). Date of hearing: 23rd July, 2010. JUDGMENT RAJA FAYYAZ AHMAD, J.---This petition under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973 for leave to appeal has been preferred against the judgment, dated 8-3-2010, passed by the learned Federal Service Tribunal, Islamabad,…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492