| Case ID |
0afe16a7-5495-499f-a7c0-977ac042fa92 |
| Body |
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| Case Number |
Service Appeal No. 436 of 1989 |
| Decision Date |
May 27, 1991 |
| Hearing Date |
|
| Decision |
The Service Tribunal ruled that the appeal filed by Nazir Ahmad Mukhialvi was time-barred due to his failure to file it within the stipulated period as outlined in Section 4 of the Azad Jammu and Kashmir Service Tribunals Act, 1975. The Tribunal noted that the appellant had been inactive for nearly nine years after the rejection of his review petition. This long delay indicated a lack of diligence on the appellant's part to pursue his rights and resulted in the appeal being deemed incompetent. Consequently, the Tribunal upheld the rejection of the review petition and dismissed the appeal. |
| Summary |
In the case of Nazir Ahmad Mukhialvi vs Azad Jammu and Kashmir Government, the Service Tribunal addressed the issue of appeal limitation under the Azad Jammu and Kashmir Service Tribunals Act, 1975. The appellant, Nazir Ahmad Mukhialvi, was retired compulsorily from service after an inquiry and later filed a review application. However, he did not file an appeal before the Tribunal until nearly nine years later, raising questions about the competency of his appeal. The Tribunal found that the appellant's inactivity and the significant delay in seeking a decision on his review petition suggested that he had intentionally concealed relevant facts. The final decision emphasized the importance of adhering to statutory time limits for appeals, reinforcing the principle that procrastination in legal actions can lead to dismissal of claims. This case underscores the necessity for timely action in legal proceedings to ensure justice and uphold the rule of law. |
| Court |
Service Tribunal (AJ&K)
|
| Entities Involved |
Azad Jammu and Kashmir Government
|
| Judges |
Sardar Muhammad Sajawal Khan,
Raja Muhammad Ashraf Kayani
|
| Lawyers |
Sardar Rafique Mahmood
|
| Petitioners |
Nazir Ahmad Mukhialvi
|
| Respondents |
Azad Jammu and Kashmir Government through Chief Secretary
|
| Citations |
1992 SLD 976,
1992 PLC 818
|
| Other Citations |
Not available
|
| Laws Involved |
Azad Jammu and Kashmir Service Tribunals Act, 1975
|
| Sections |
4
|