| Case ID |
2abb164d-f07f-45ad-b0fd-595d56a4e0af |
| Body |
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| Case Number |
Miscellaneous Petition No. 46 of 1996 and Appeal N |
| Decision Date |
Apr 08, 1996 |
| Hearing Date |
|
| Decision |
The Federal Service Tribunal dismissed the Miscellaneous Application No. 46/96, filed by Sa'ad Sharif, seeking the restoration of his appeal which had been dismissed as withdrawn. The Tribunal determined that it had no power to review its own orders and that the appeal could not be restored under the circumstances as the appellant himself had sought to withdraw it. The Tribunal referenced previous case law to support its decision, highlighting its limitations regarding the rehearing of previously decided cases. |
| Summary |
In the case between Sa'ad Sharif and Saadat Ali Shah, the Federal Service Tribunal faced the issue of whether it could restore an appeal that had been dismissed as withdrawn by the appellant, Sa'ad Sharif. The appeal was initially dismissed after the appellant requested withdrawal based on an office order from the National Police Foundation. Upon realizing that the commitment made by the Authority was not fulfilled, the appellant sought to have the appeal restored. The Tribunal clarified that while it could restore appeals dismissed for non-prosecution, it could not review its own decisions. This case emphasized the procedural limitations of the Tribunal and referenced significant precedents, reinforcing the principle that once a decision is made, it cannot be revisited by the same Tribunal. The outcome of this case reflects the importance of adhering to procedural rules within administrative law and the challenges faced by civil servants in navigating these legal frameworks. The ruling serves as a notable reference for future cases involving similar procedural questions in administrative tribunals. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
National Police Foundation
|
| Judges |
ABDUL RAZZAQ A. THAHIM (CHAIRMAN),
MUHAMMAD ISMAIL,
AFTAB AHMED,
ROSHAN ALI MANGI,
MUHAMMAD RAZA KHAN
|
| Lawyers |
Not available
|
| Petitioners |
SAAD SHARIF
|
| Respondents |
SAADAT ALI SHAH, MANAGING DIRECTOR, NATIONAL POLICE FOUNDATION, ISLAMABAD
|
| Citations |
1996 SLD 782 = 1996 PLC 1095
|
| Other Citations |
S.A. Rizvi v. Pakistan Atomic Energy Commission and another 1986 SCMR 965,
Federation of Pakistan and another v. Lt.-Col. Fateh Khan 1986 SCMR 808
|
| Laws Involved |
Service Tribunal (Procedure) Rules, 1974
|
| Sections |
R. 19(3)
|