| Case ID |
0acb00c9-2a1f-42ff-968b-c0fd2391d896 |
| Body |
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| Case Number |
Civil Appeals Nos.576 and 577 of 1988 |
| Decision Date |
Dec 08, 1991 |
| Hearing Date |
|
| Decision |
The appeals are allowed and the cases are remanded to the Service Tribunal for decision. The Supreme Court found that the Service Tribunal had erred in law by not exercising its jurisdiction to decide the appeals on merits. Instead of making recommendations to the Government, the Tribunal was obligated to address all legal and factual questions raised by the appellants. The Court emphasized that the Service Tribunal possesses wide powers under Section 5 of the Service Tribunals Act, which allows it to confirm, set aside, vary, or modify the order appealed against. The appellants' grievances regarding their appointments were valid, and the Tribunal's failure to provide relief constituted a legal error. |
| Summary |
In the case of Civil Appeals Nos.576 and 577 of 1988, the Supreme Court of Pakistan addressed significant issues pertaining to the jurisdiction of the Service Tribunal under the Service Tribunals Act (LXX of 1973). The appellants, S.M. ZAFAR BABAR and others, contested the Punjab Service Tribunal's judgment that dismissed their appeals regarding their ad hoc appointments as Additional District and Sessions Judges. The Supreme Court highlighted the Tribunal's obligation to decide cases on merits rather than merely recommending actions to the Government. The decision underscores the importance of judicial review and the proper exercise of jurisdiction by administrative bodies. This case serves as a critical reference for future appeals related to service matters, emphasizing the need for fair adjudication and the timely resolution of grievances faced by public servants. The ruling reinforces the principle that tribunals must fully engage with the legal and factual bases of cases presented before them, ensuring justice is served. Keywords: Service Tribunal, jurisdiction, judicial review, public service, legal principles, case law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
MUHAMMAD AFZAL ZULLAH, CJ,
ABDUL QADEER CHAUDHRY,
WALI MUHAMMAD KHAN, JJ
|
| Lawyers |
|
| Petitioners |
S.M. ZAFAR BABAR and others
|
| Respondents |
PROVINCE OF PUNJAB through Chief Secretary and others
|
| Citations |
1992 SLD 566 = 1992 SCMR 741
|
| Other Citations |
M. Yamin Qureshi v. Islamic Republic of Pakistan PLD 1980 SC 22,
Shafiuddin, Deputy Director v. Surat Khan Marri D.R.I.O. 1991 SCMR 2216
|
| Laws Involved |
Service Tribunals Act (LXX of 1973)
|
| Sections |
4,
5
|