| Case ID |
20cd4462-d0bf-41d3-a89a-a46bd9604355 |
| Body |
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| Case Number |
Civil Appeal No. 1266 of 1995 |
| Decision Date |
Mar 27, 1998 |
| Hearing Date |
Mar 18, 1998 |
| Decision |
This appeal was dismissed as the court found that the appellant, Abdul Wahid, did not file his representation within the prescribed time limits set by the Service Tribunals Act. The court emphasized that any delay in approaching the appropriate authority without sufficient cause is detrimental and that the mandatory provisions of the Act create express constraints for civil servants. The court also noted that the principle of discrimination claimed by the appellant was not applicable as others reinstated in similar circumstances were not granted back benefits. Consequently, the court upheld the decision of the Federal Service Tribunal, reinforcing the importance of adhering to procedural timelines in service-related appeals. |
| Summary |
The case revolves around the appeal of Abdul Wahid against the decision of the Federal Service Tribunal regarding his termination from the Collectorate of Customs and Central Excise. The Supreme Court of Pakistan ruled that the appeal was time-barred as Wahid failed to file his representation within the thirty-day limit mandated by the Service Tribunals Act. The court highlighted the necessity for civil servants to diligently pursue grievances in a timely manner to avoid undue delays in administrative processes. The decision also discussed the implications of perceived discriminatory treatment in administrative decisions, ultimately concluding that the appellant did not substantiate his claim convincingly. This case underscores the critical importance of adhering to statutory time limits in administrative law, particularly within the context of public service employment. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIR ASLAM ZAHID,
MUNAWAR AHMAD MIRZA,
ABDUR REHMAN KHAN
|
| Lawyers |
Riazul Haq Sheikh,
Ejaz Muhammad Khan,
K.G. Sabir
|
| Petitioners |
ABDUL WAHID
|
| Respondents |
CHAIRMAN, CENTRAL BOARD OF REVENUE, ISLAMABAD
|
| Citations |
1998 SLD 1458,
1998 PLC 800
|
| Other Citations |
1990 SCMR 1440,
1992 SCMR 1136,
PLD 1977 SC 397,
Anwar Muhammad v. General Manager, Pakistan Railways and another 1995 SCMR 950,
Aziz Ahmed v. Secretary to Government of Pakistan 1985 SCMR 368,
WAPDA v. Aurangzeb 1988 SCMR 1354,
Federation of Pakistan v. Muhammad Azim Khan 1989 SCMR 1271,
1982 SCMR 582,
Muhammad Hasham v. Inspector-General of Police 1990 SCMR 1440,
Anwarul Haq v. Federation of Pakistan 1995 SCMR 1505,
S.S. Qureshi and 15 others v. Secretary, Ministry of Foreign Affairs and 5 others 1985 SCMR 1953,
S.H.M. Rizvi and 5 others v. Maqsood Ahmed and 6 others PLD 1981 SC 612,
P.I.A.C. v. Nasim Malik PLD 1990 SC 951
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Constitution of Pakistan (1973)
|
| Sections |
4,
212(3)
|