| Case ID |
160c1582-fab6-4c79-9753-ab2b72f82c25 |
| Body |
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| Case Number |
Civil Review Petition No. 17-R of 1976 |
| Decision Date |
Jul 02, 1978 |
| Hearing Date |
May 13, 1978 |
| Decision |
The Supreme Court of Pakistan dismissed the review petition filed by the petitioner, Sh. Riaz Ahmad, regarding the order of compulsory retirement from the Irrigation Department. The Court held that the delay of twelve years in filing the writ petition was too gross to be condoned. It affirmed that a void order is not always to be struck down regardless of the consequences. The Court clarified that while a void order is illegal, it may still create consequences that cannot be ignored. The petitioner had not acted promptly in challenging the order, which led to the dismissal of his petition based on the principle of laches. The decision reinforced the importance of timely legal action in the face of administrative decisions. |
| Summary |
This case revolves around the dismissal of a review petition regarding the compulsory retirement of Sh. Riaz Ahmad from the Irrigation Department. The Supreme Court of Pakistan addressed critical issues surrounding void orders and the implications of delay in seeking legal redress. The Court underscored that a void order, while illegal, may still have lasting effects and cannot be disregarded without consideration of the consequences. The ruling emphasized the necessity for prompt action in legal matters, especially when challenging administrative decisions. The judgment serves as a significant precedent in understanding the nature of void orders and the doctrine of laches in judicial proceedings. Keywords: Supreme Court, review petition, compulsory retirement, void order, legal redress, administrative decisions, principle of laches. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ, C. J.,
WAHEEDUDIN AHMAD, J.,
MUHAMMAD AKRAM, J.,
DORAB PATEL, J.
|
| Lawyers |
S. SHARIF AHMAD HASHMI,
Sh. Ijaz Ali
|
| Petitioners |
Sh. Riaz Ahmad
|
| Respondents |
ANOTHER,
CHAIRMAN, SCREENING COMMITTEE, LAHORE
|
| Citations |
1978 SLD 2,
1978 SCMR 367
|
| Other Citations |
P L D 1977 S C 599,
P L D 1977 S C 437,
P L D 1958 S C (Pak.) 104,
Civil Appeal No. 166 of 1970,
Civil Appeal No. 150 of 1970,
P L D 1964 S C 829,
P L D 1967 S C 506,
P L D 1961 S C 105
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
199
|