| Case ID |
1485084e-ee29-4f78-8a1c-68a424055ae5 |
| Body |
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| Case Number |
C.P.L.A. No.883-K of 2002 |
| Decision Date |
Feb 09, 2004 |
| Hearing Date |
Feb 09, 2004 |
| Decision |
The Supreme Court of Pakistan dismissed the petitioner's appeal against the Federal Service Tribunal's decision, which had rejected his service appeal due to being time-barred by 185 days. The petitioner, a civil servant, had been dismissed from his position in the National Highway Authority following a show-cause notice regarding unauthorized absence. The Tribunal found that the petitioner had been negligent in pursuing his remedy and did not grant an extension of time for filing the appeal, leading to the dismissal of the case. The court upheld the Tribunal's discretion, stating that it was neither illegal nor unreasonable and that no significant question of law arose from the circumstances. |
| Summary |
The case of S.M. Afzalur-Rehman vs. Federation of Pakistan revolves around the dismissal of a civil servant from the National Highway Authority. The petitioner sought to appeal the decision of the Federal Service Tribunal which dismissed his service appeal as time-barred by 185 days. The petitioner argued that he had not received the removal letter directly but through his brother, with whom he had a strained relationship. The Tribunal's refusal to condone the delay was based on the petitioner's lack of diligence in pursuing his appeal within the prescribed timeframe. The Supreme Court ultimately upheld the Tribunal's decision, emphasizing the importance of timely action in administrative proceedings. This case highlights critical aspects of administrative law and the procedural requirements for appeals in service-related matters, making it significant for legal practitioners and civil servants alike. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
National Highway Authority
|
| Judges |
RANA BHAGWANDAS,
HAMID ALI MIRZA
|
| Lawyers |
Akhlaq Ahmed Siddiqui
|
| Petitioners |
S.M. AFZALUR-REHMAN
|
| Respondents |
FEDERATION OF PAKISTAN,
others
|
| Citations |
2005 SLD 1356,
2005 SCMR 1322
|
| Other Citations |
Not available
|
| Laws Involved |
Service Tribunals Act, 1973,
Constitution of Pakistan, 1973
|
| Sections |
4,
212(3)
|