| Case ID |
37fb832b-e5ca-4e62-a482-647e2aecc826 |
| Body |
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| Case Number |
Appeal No.106 of 2009 |
| Decision Date |
Apr 21, 2010 |
| Hearing Date |
Apr 21, 2010 |
| Decision |
The appeal filed by Lubna Pasha against her dismissal from service was dismissed by the Sindh Service Tribunal due to being time-barred. The appellant failed to provide a valid application for condonation of the delay, which exceeded 394 days. The court emphasized that each day of delay needed to be justified, and the general claim of sickness without supporting evidence was insufficient. Previous case law was cited to reinforce the requirement for timely appeals and the inability to condone delays without proper justification. As a result, the Tribunal did not consider the merits of the case and dismissed the appeal without costs. |
| Summary |
This case revolves around the dismissal of Lubna Pasha from her position as Assistant Secretary (Computer) due to allegations of corruption and misconduct. After her dismissal on January 24, 2008, she filed a departmental appeal, which remained unresolved until the filing of this service appeal. The primary issue was the significant delay in filing the appeal, which was more than 394 days late. The Tribunal noted that no application for condonation of this delay was submitted, nor was there any oral request made during the proceedings. The appellant's claim of illness was deemed insufficient without corroborating evidence. The Tribunal referenced several previous rulings to underscore the importance of adhering to the statutory timelines for filing appeals. Ultimately, the appeal was dismissed as time-barred, highlighting the critical nature of procedural compliance in legal proceedings. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE (R.) GHULAM NABI SOOMRO,
QAZI QAMARUDDIN,
AKHTAR A. CHOUDHRY
|
| Lawyers |
Nizam Ali Khan,
Masroor Ahmed Alvi,
Muhammad Bachal Tunio
|
| Petitioners |
LUBNA PASHA
|
| Respondents |
Brig. M. SHAFIULLAH QURESHI
|
| Citations |
2011 SLD 1591,
2011 PLC 189
|
| Other Citations |
Rehmat Din and others v. Mirza Abbas and others 2007 SCMR 1560,
Chairman Railway Board v. Muhammad Arshad and others 2002 SCMR 181,
State Bank of Pakistan v. Khyber Zaman and others 2004 SCMR 1426,
N.-W.F.P. through Chief Secretary v. Mst. Hussain Pari and others PLD 1988 SC 144,
Government of the Punjab v. Muhammad Saleem PLD 1995 SC 396,
Sher Bahadur v. The Government of N.-W.F.P. 1990 SCMR 1519
|
| Laws Involved |
Sindh Service Tribunals Act (XV of 1973)
|
| Sections |
4
|