| Case ID |
2e3b0ffd-bae0-4f7c-b282-4405fc4835a8 |
| Body |
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| Case Number |
Appeal No. 404 of 2000 |
| Decision Date |
Nov 14, 2003 |
| Hearing Date |
Jul 15, 2003 |
| Decision |
The appeal was dismissed on the grounds of limitation as it was filed much beyond the prescribed period. The court held that the original order of dismissal from service was communicated to the appellant, and thus the delay in filing the appeal could not be justified. The decision emphasized that ignorance of law is no excuse, and the principles of limitation must be adhered to strictly. The court also noted that general allegations of mala fide were not sufficient to overturn the prior decision. Therefore, the appeal was rejected without delving into the merits of the case. |
| Summary |
In the case of ATTAULLAH BROHI versus SINDH AGRICULTURAL SUPPLIES ORGANIZATION, the Sindh Service Tribunal dealt with an appeal regarding the dismissal of the appellant from service due to alleged misappropriation of funds. The appellant argued that the dismissal order was not communicated to him, which delayed his appeal. However, the Tribunal found that the appeal was filed beyond the legally allowed period of limitation. The decision highlighted the importance of timely appeals in the judicial process and reiterated that such delays cannot be excused by claims of non-receipt of dismissal orders. The Tribunal ruled that both civil and criminal proceedings can run concurrently, and general claims of mala fide against the respondents were insufficient to support the appeal. The case underscores the significance of adhering to legal timelines and the principle that ignorance of the law is not a valid defense. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
Justice (RTD.) Abdul Ghani Shaikh,
Nur Ahmad Shah
|
| Lawyers |
Mrs. Tabassum Ghazanfar,
Mr. Moula Bux Khoso,
Mr. Shabbir Ahmad Awan
|
| Petitioners |
ATTAULLAH BROHI
|
| Respondents |
SINDH AGRICULTURAL SUPPLIES ORGANIZATION,
MANAGING DIRECTOR, SINDH SECRETARIAT, KARACHI
|
| Citations |
2004 SLD 3752,
2004 PLJ 34
|
| Other Citations |
1988 SCMR 1354,
1998 PLC (C.S.) 1007,
PLD 1988 SC 144,
1990 SCMR 1519,
PLD 1995 SC 396,
1998 SCMR 785,
1998 PLC C.S. 517,
1998 SCMR 307,
1999 MLD 330,
1989 SCMR 316,
1989 SCMR 333,
1993 SCMR 2177,
PLD 1985 SC 134,
PLD 1974 SC 151,
PLD 1990 SC 1992
|
| Laws Involved |
Limitation Act, 1908,
Sindh Service Tribunals Act, 1973
|
| Sections |
5,
4
|