| Case ID |
20bd9237-6bed-465d-b19c-6c67fa70efe5 |
| Body |
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| Case Number |
Civil Appeal No. 87 of 1982 |
| Decision Date |
Jun 24, 1984 |
| Hearing Date |
Jun 24, 1984 |
| Decision |
The appeal by Dr. A.Q.K. Afghan against the judgment of the Federal Service Tribunal was dismissed. The Supreme Court found that the Service Tribunal was not required to summon and peruse the appellant's service record before dismissing his appeal. The appellant had not raised the issue of his service record being called during the Service Tribunal proceedings, nor had he provided specific allegations of mala fides, which he claimed in his appeal. The Court also noted that the Service Tribunal had considered his arguments but concluded that the provisions of section 12-A of the Civil Servants Act were applicable to the appellant's case. The Supreme Court emphasized that the appellant could not raise new pleas that were not presented to the Service Tribunal, thus supporting the dismissal of the appeal. |
| Summary |
This case revolves around the appeal of Dr. A.Q.K. Afghan against his removal from service by the Federal Government. The Supreme Court of Pakistan examined whether the Federal Service Tribunal's decision to dismiss the appeal without summoning the service record was justifiable. The Court highlighted that the appellant failed to substantiate claims of mala fides and did not raise relevant pleas during the Service Tribunal hearings. The ruling emphasized the importance of procedural adherence and the necessity for appellants to present all pertinent arguments at the appropriate judicial level. The decision reinforces the principle that new arguments cannot be introduced at higher appellate levels, ensuring the integrity of the judicial process. Notably, this case underscores critical aspects of administrative law and the rights of civil servants under the Civil Servants Act, 1973. Legal professionals should note the implications of this ruling for future cases involving service appeals and the necessary legal arguments that must be presented at the initial tribunal stage. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
ABDUL KADIR SHAIKH,
M. S. H. QURAISHI
|
| Lawyers |
Aitzaz Ahsan,
M.S. Siddiqui,
Munir A Shaikh,
Ch. Akhtar Ali
|
| Petitioners |
A. Q. K. AFGHAN
|
| Respondents |
PAKISTAN THROUGH SECRETARY, ESTABLISHMENT DIVISION
|
| Citations |
1984 SLD 798,
1984 SCMR 1159
|
| Other Citations |
Israr Nabi v. Province of Punjab P L D 1980 S C 292,
Yamin Qureshi v. Islamic Republic of Pakistan P L D 1980 S C 23
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Servants Act (LXXI of 1973)
|
| Sections |
Art. 212 (3),
S. 12-A,
S. 4
|