| Case ID |
374e3642-a293-4056-973a-c4b85b95c70b |
| Body |
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| Case Number |
Civil Petition No. 135-P of 1985, and Civil Appeal |
| Decision Date |
May 30, 1988 |
| Hearing Date |
May 30, 1988 |
| Decision |
The Supreme Court allowed the petition for leave to appeal, converting it into an appeal against the order of the N.W.F.P. Service Tribunal which had dismissed the petitioner's appeal as time-barred. The Court found that the Service Tribunal had erred in not condoning the delay in filing the appeal after the rejection of the second representation. The Court emphasized that since the second representation was entertained and rejected on its merits, it warranted consideration for condonation of delay. The case was remanded back to the Service Tribunal for a fresh decision on the merits of the appeal. |
| Summary |
This case revolves around the procedural intricacies of filing appeals in service tribunals, particularly focusing on the North-West Frontier Province Service Tribunals Act and the Constitution of Pakistan. The petitioner, a provincial service member, faced adverse remarks affecting his career, prompting representations and an appeal to the Service Tribunal. The Tribunal's dismissal of the appeal as time-barred led to the Supreme Court's intervention. The ruling underscores the importance of judicial discretion in handling procedural delays and the necessity for tribunals to consider the merits of cases, especially when prior representations were entertained. This case highlights key issues in administrative justice, procedural fairness, and the rights of public servants, making it significant for those engaged in public service law and administrative appeals. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
GHULAM MUJADDID,
ALI HUSSAIN QAZILBASH
|
| Lawyers |
Mian Shakirullah Jan,
Mian M. Ajmal
|
| Petitioners |
ISRAR AHMAD KHAN
|
| Respondents |
others,
GOVERNMENT OF N.W.F.P.
|
| Citations |
1990 SLD 1057 = 1990 SCMR 1356
|
| Other Citations |
Government of Pakistan through Secretary Establishment Division v. Bashir Ahmad Khan PLD 1985 SC 309
|
| Laws Involved |
North-West Frontier Province Service Tribunals Act (I of 1974),
Constitution of Pakistan (1973)
|
| Sections |
S. 4,
Art. 212(3)
|