| Case ID |
1f0a41df-fd1a-4b1f-8e7a-c4e8f8ecc24e |
| Body |
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| Case Number |
Appeal No.78(L)(C.E.) of 2004 |
| Decision Date |
Oct 25, 2004 |
| Hearing Date |
Oct 25, 2004 |
| Decision |
The appeal filed by the appellant Rafi-ud-Din was dismissed as time-barred. The court found that the appellant had not pursued his grievance with due diligence, having waited three and a half years to file the appeal after his dismissal. The court ruled that the appellant's selection of the wrong judicial forum (filing in High Court instead of the Service Tribunal) could not be excused, and that the proper procedures were followed by the respondents in dismissing him from service. Consequently, the appeal lacked merit and was dismissed. |
| Summary |
In the case of Rafi-ud-Din vs. Managing Director, Sui Northern Gas Pipelines Limited, the Federal Service Tribunal reviewed an appeal regarding the dismissal of Rafi-ud-Din from his position as a Driver. The dismissal was based on procedural grounds, including failure to undergo necessary laboratory tests after being charged. The appeal was filed significantly after the dismissal, leading the Tribunal to conclude that the appeal was time-barred. The ruling emphasizes the importance of timely legal action and adherence to the correct judicial forums in employment disputes. The case highlights critical aspects of the Service Tribunals Act and the Government Servants (Efficiency and Discipline) Rules, focusing on the procedural fairness in disciplinary actions against government employees. Legal representatives emphasized the procedural adherence by the employer, while the appellant faced challenges due to his delayed response. This case serves as a precedent in administrative law regarding dismissal procedures and the significance of timely appeals in labor disputes. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Sui Northern Gas Pipelines Limited
|
| Judges |
MUHAMMAD IQBAL KHAN,
MOAZZAM HAYAT
|
| Lawyers |
Nazeer Ahmad Quraishee
|
| Petitioners |
RAFIUDDIN
|
| Respondents |
MANAGING DIRECTOR, SUI NORTHERN GAS PIPELINES LIMITED, LAHORE
|
| Citations |
2007 SLD 1939,
2007 PLC 481
|
| Other Citations |
Not available
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Government Servants (Efficiency and Discipline) Rules, 1973
|
| Sections |
4,
3,
4(1)(b)(iv)
|