| Case ID |
2679ad3d-3388-452a-a05b-4c5fc08e2dd1 |
| Body |
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| Case Number |
Civil Appeals Nos.512 of 2011 and 447 of 2012 |
| Decision Date |
Apr 23, 2013 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled on the appeals concerning the filing of appeals before Service Tribunals under various laws, emphasizing the importance of timely communication of decisions by departmental authorities. The Court outlined the procedural requirements for civil servants when appealing decisions, highlighting that if a decision is not communicated within a specified time frame, the civil servant has the option to file an appeal based on the lapse of time as stipulated in the relevant laws. The Court also clarified that the interpretation of these laws must be consistent, and it provided guidance on the interplay between different legislative frameworks governing civil service appeals. |
| Summary |
In the landmark case of Civil Appeals Nos.512 of 2011 and 447 of 2012, the Supreme Court of Pakistan addressed crucial issues regarding the limitation period for filing appeals in service-related matters. The case revolved around the interpretation of various laws, including the Service Tribunals Act and the Punjab Employees Efficiency, Discipline and Accountability Act. The Court emphasized the necessity for prompt communication of decisions by departmental authorities to civil servants. If such communication is delayed beyond the statutory timeframe, affected individuals are empowered to initiate appeals without waiting for a departmental decision. This ruling serves as a significant precedent in ensuring that civil servants are not unduly hindered in exercising their rights to appeal due to procedural delays. The judgment underscores the importance of clarity in legislative provisions governing civil service appeals, fostering better governance and accountability within the civil service framework. The decision is pivotal for civil servants seeking justice and reinforces the principle that procedural fairness must be upheld in administrative processes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.,
TASSADUQ HUSSAIN,
JILLANI,
AMIR HANI MUSLIM,
GULZAR AHMED,
SH. AZMAT SAEED, JJ
|
| Lawyers |
Muhammad Shoaib Shaheen, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record,
Muhammad Asif, Advocate Supreme Court,
S.M. Khattak, Advocate-on-Record,
M.S. Khattak, Advocate-on-Record
|
| Petitioners |
MIR AJAB KHAN
|
| Respondents |
DEPUTY POSTMASTER-GENERAL, SRP, DERA ISMAIL KHAN
|
| Citations |
2013 SLD 1616,
2013 SCMR 1053
|
| Other Citations |
Chief Engineer (North) and another v. Saifullah Khan Khalid 1995 SCMR 776,
Taj Muhammad Afridi v. Principal Secretary to the President Secretariat and others 2011 SCMR 1111
|
| Laws Involved |
Service Tribunals Act,
Punjab Employees Efficiency, Discipline and Accountability Act,
Removal from Service (Special Powers) Ordinance
|
| Sections |
4(1),
19,
10
|