| Case ID |
15132236-47c1-469d-9c27-1dd18cb2e3b8 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 364 of 1993 |
| Decision Date |
Feb 19, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the preliminary objection raised by the counsel for respondent No. 1, dismissing the appeal as not maintainable. The Court concluded that the appellant, who was not in the relevant service or cadre, could not challenge the Service Tribunal's order regarding the reinstatement of respondent No. 1. Furthermore, the Court noted that the Service Tribunal had jurisdiction to consider the validity of the termination only if it was made in accordance with the terms of appointment. The decision emphasized the importance of being aggrieved by a decision in order to appeal against it. |
| Summary |
This case revolves around the jurisdiction of the North-West Frontier Province Service Tribunal concerning the reinstatement of a civil servant, Muhammad Haroon Khan, whose termination was declared illegal. The Supreme Court of Pakistan ruled on the maintainability of an appeal filed by an individual who was not in the relevant service at the time of the termination. The Court's decision highlights critical aspects of administrative law, including the jurisdiction of service tribunals and the definition of aggrievement in legal appeals. The ruling underscores the procedural requirements for appealing decisions made by service tribunals, particularly in cases involving employment law and civil service regulations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
SAAD SAOOD,
JAN,
SAEEDUZZAMAN SIDDIQUI,
WALI MUHAMMAD KHAN
|
| Lawyers |
|
| Petitioners |
MUHAMMAD NAEEM
|
| Respondents |
3 others,
MUHAMMAD HAROON KHAN
|
| Citations |
1994 SLD 1071,
1994 SCMR 2306
|
| Other Citations |
Not available
|
| Laws Involved |
North-West Frontier Province Service Tribunals Act (I of 1974),
Constitution of Pakistan (1973)
|
| Sections |
4,
212(3)
|