| Case ID |
2a362033-fe5e-4590-bdbf-21e0f8627ea0 |
| Body |
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| Case Number |
Civil Petition No. 594 of 1995 |
| Decision Date |
Dec 02, 1996 |
| Hearing Date |
Dec 02, 1996 |
| Decision |
The Supreme Court dismissed the petition filed by the Senior Postmaster against the decision of the Federal Service Tribunal, which had previously set aside the penalty imposed on Noor Din. The Court held that the Tribunal's findings were valid and did not warrant interference. The arguments presented by the petitioners were found to be without merit, as the Tribunal had adequately considered the grace period allowed under the applicable rules, which included the last day of the month. The Court concluded that no question of law of public importance was involved, and thus leave to appeal was refused. |
| Summary |
In the case of Civil Petition No. 594 of 1995, heard by the Supreme Court of Pakistan, the focus was on the legality of a penalty imposed on Noor Din, a Postmaster, for renewing M.V.T. Registration Books without charging the appropriate penalty, resulting in a revenue loss for the government. The key legal question revolved around the interpretation of the grace period provided in the Provincial Tax Rules. The Federal Service Tribunal had found in favor of Noor Din, stating that the grace period included the last day of the month, thus invalidating the penalty. The Supreme Court upheld this decision, emphasizing that the Tribunal's reasoning was sound and that no significant legal question was presented for review. This case highlights the importance of understanding statutory grace periods and the conditions under which penalties can be enforced in public service. Legal practitioners must pay close attention to such interpretations to ensure compliance with administrative regulations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
G.P.O., MARDAN,
Sub-Post Office, P.S. Mills, Mardan
|
| Judges |
ABDUL HAFEEZ MEMON,
MUNAWAR AHMAD MIRZA
|
| Lawyers |
Sh. Riazul Haq, Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate-on-Record
|
| Petitioners |
,
SENIOR POSTMASTER, G.P.O., MARDAN
|
| Respondents |
NOOR DIN, POSTMASTER, GUJAR GARHI, MARDAN
|
| Citations |
1998 SLD 637,
1998 SCMR 1096
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 212(3)
|