| Case ID |
2e13979c-8d5c-4e22-a1f6-ab8753d307ae |
| Body |
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| Case Number |
Appeal No. 165 (R) of 1982 |
| Decision Date |
Nov 21, 1982 |
| Hearing Date |
Nov 21, 1982 |
| Decision |
The appeal was dismissed due to lack of jurisdiction as per Article 13(1) of the Provisional Constitution Order, 1981. The Tribunal found no evidence of mala fides in the retirement decision made by the committee, which was composed of a Joint Secretary and two Deputy Secretaries. The appellant's claim of mala fides was deemed an afterthought, as it was not raised in the departmental appeal. Therefore, the Tribunal ruled that the appeal could not be entertained. |
| Summary |
In this case, the Federal Service Tribunal addressed an appeal concerning the retirement of the appellant, ABDUR REHMAN, after he completed 25 years of service qualifying for pension. The appellant contended that the retirement order was issued mala fide, influenced by a Deputy Secretary with whom he had a contentious history. However, the Tribunal found that the decision to retire the appellant was made by a committee, and there was insufficient evidence to support claims of mala fides. The Tribunal emphasized that the plea of mala fides was not raised during the departmental appeal, rendering it an afterthought. Consequently, the appeal was dismissed for lack of jurisdiction under Article 13(1) of the Provisional Constitution Order, 1981. This case highlights the importance of procedural adherence and the need for timely objections in administrative decisions, particularly in civil service contexts. Keywords: retirement, mala fides, civil servants, jurisdiction, Provisional Constitution Order. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE SHAH ABDUR RASHID,
BRIG. (RETD.) ABDUR RASHID
|
| Lawyers |
M. S. Siddiqi
|
| Petitioners |
ABDUR REHMAN
|
| Respondents |
SECRETARY, ECONOMIC AFFAIRS DIVISION, GOVERNMENT OF PAKISTAN
|
| Citations |
1983 SLD 1310,
1983 PLC 98
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Servants Act,
Service Tribunals Act,
Provisional Constitution Order, 1981
|
| Sections |
13 (ii),
4,
13 (1)
|