| Case ID |
15e78211-0026-439b-85fc-3c04afd90529 |
| Body |
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| Case Number |
Civil Petition No 18 of 1995 |
| Decision Date |
Jun 21, 1995 |
| Hearing Date |
Jun 21, 1995 |
| Decision |
The Supreme Court granted leave to appeal to the petitioner, Ch. Ghulam Sarwar, against the judgment of the Federal Service Tribunal, which had dismissed his appeal on the grounds of being time-barred and hit by the principle of res judicata. The court considered the contentions raised by the petitioner regarding the timelines of his appeals and the circumstances surrounding the dismissal of his earlier appeal for non-prosecution. The court ultimately determined that these factors warranted further examination and consideration of the petitioner's claims regarding the validity of his appeal timelines and the res judicata principle in his case. |
| Summary |
This case involves Ch. Ghulam Sarwar, a trained graduate teacher, who sought to challenge the dismissal of his appeal by the Federal Service Tribunal regarding his termination from service based on alleged wilful absence during his deputation abroad. The Supreme Court of Pakistan was tasked with deciding on the validity of the dismissal in light of the Service Tribunals Act and the Constitution of Pakistan. The case highlights critical issues of appeal timelines, the res judicata principle, and procedural fairness in administrative decisions. The court's decision to grant leave for appeal underscores the importance of ensuring that civil servants have the right to contest decisions affecting their employment. Keywords such as 'Service Tribunals Act', 'Constitution of Pakistan', 'Supreme Court of Pakistan', and 'administrative law' are central to the discussion, providing an essential framework for understanding the legal context and implications of the case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SALEEM AKHTAR,
MAMOON KAZI,
MUHAMMAD BASHIR,
JEHANGIRI
|
| Lawyers |
Petitioner in person,
Nemo for Respondents
|
| Petitioners |
Ch. GHULAM SARWAR
|
| Respondents |
others,
SECRETARY, MINISTRY OF EDUCATION, GOVERNMENT OF PAKISTAN, ISLAMABAD
|
| Citations |
1998 SLD 1459,
1998 PLC 813
|
| Other Citations |
Haji Qadir Bux v. Province of Sindh and others 1982 SCMR 582
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Constitution of Pakistan (1973)
|
| Sections |
4,
212(3)
|