| Case ID |
0f9939e1-dcb8-4fc1-8551-e111b1e1c5c5 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.36 of 1988 |
| Decision Date |
May 16, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal to examine whether the departmental authority's rejection of the mercy petition on the basis of limitation could render the Tribunal's treatment of the case as time-barred. The court acknowledged the petitioner's argument that the mercy petition should be considered a proper proceeding, suggesting that necessary amendments could be made to the phraseology in accordance with Section 153 of the Civil Procedure Code. The petitioner contended that he had complied with the requirements of the Punjab Service Tribunals Act, 1974. The court's decision emphasized the need to assess the procedural validity of the appeal and whether it was time-barred, thus granting the petitioner the opportunity to present his case further. |
| Summary |
This case revolves around the procedural complexities of filing appeals within the framework of the Punjab Service Tribunals Act and the Civil Procedure Code. The Supreme Court of Pakistan addressed critical questions regarding the nature of mercy petitions and their treatment as formal proceedings. The case highlights the importance of adhering to procedural requirements and the implications of filing timelines in administrative law. The decision underscores the court's role in ensuring that justice is served while adhering to legal protocols. Key terms include 'mercy petition', 'time-bar', 'departmental authority', and 'Tribunal appeal'. This case serves as a significant reference point for understanding the procedural aspects of administrative law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
USMAN ALI SHAH
|
| Lawyers |
Rana Maqbool Ahmed Qadri
|
| Petitioners |
MUNIR AHMAD
|
| Respondents |
GOVERNMENT OF THE PUNJAB
|
| Citations |
1989 SLD 1915,
1989 SCMR 1785
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Service Tribunals Act (IX of 1974),
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
4,
5.153,
Art.212(3)
|