| Case ID |
2cd6094b-cbee-4949-8291-a7953d075936 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeals Nos.512 of 2011 and 447 of 2012 |
| Decision Date |
Apr 23, 2013 |
| Hearing Date |
Apr 23, 2012 |
| Decision |
In the instant cases, leave to appeal was granted. The court evaluated the period of limitation for filing an appeal under the Service Tribunals Act, 1973, and the Punjab Employees Efficiency, Discipline and Accountability Act, 2006. It was determined that if a departmental authority does not communicate its decision within the stipulated time, the civil servant has the option to file an appeal within a specified timeframe. The court emphasized that the appeal must be filed within 30 days of the expiry of the period allowed for departmental decisions. The judgment also clarified that both laws aim for good governance within civil service and highlighted the importance of timely communication of decisions to avoid confusion regarding appeals. |
| Summary |
This case involves significant legal questions surrounding the limitations on appeals filed by civil servants in Pakistan under various laws, including the Service Tribunals Act, the Punjab Employees' Efficiency, Discipline and Accountability Act, and the Removal from Service (Special Powers) Ordinance. The Supreme Court of Pakistan clarified the procedural requirements for filing appeals, especially concerning the time limits imposed on departmental decisions. The court's ruling ensures that civil servants are aware of their rights and the procedural steps necessary to seek redress against departmental actions. The decision reinforces the legal framework guiding civil service governance and the necessity for timely communication by departmental authorities to uphold the rights of employees. This case is crucial for understanding the intersection of administrative law and civil service regulations in Pakistan, making it a reference point for future cases and legal interpretations. |
| 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,
Jawad Hassan, Additional A.-G. Punjab,
Raja Maqsood Hussain, Suptd. Excise,
Malik Shahzad Hussain, Senior E.T.O.,
M.S. Khattak, Advocate-on-Record
|
| Petitioners |
another,
MIR AJAB KHAN
|
| Respondents |
others,
DEPUTY POSTMASTER-GENERAL, SRP, DERA ISMAIL KHAN
|
| Citations |
2013 SLD 1973,
2013 PLC 1294
|
| 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
|