| Case ID |
38b8b578-be15-4f5a-8a66-3ffa54a2ab78 |
| Body |
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| Case Number |
Civil Petition No.402-K of 2008 |
| Decision Date |
Nov 11, 2008 |
| Hearing Date |
Nov 11, 2008 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal due to lack of merit. The court found that the petitioner, Syed Dilawar Madad, failed to challenge the order of demotion within the stipulated time frame as prescribed by the Removal from Service Ordinance. The court emphasized that the representation against the demotion was not made within the required fifteen days, and therefore, the appeal to the Service Tribunal was barred by limitation. The court noted that the petitioner did not question the demotion order for over three years and only sought restoration of his seniority after a significant delay. The final decision highlighted the importance of adhering to procedural timelines in legal representations and appeals. |
| Summary |
This case revolves around the legal proceedings involving Syed Dilawar Madad, who was employed by a statutory corporation and faced compulsory retirement that was later converted to demotion. The Supreme Court of Pakistan evaluated the legitimacy of the actions taken under the Removal from Service Ordinance, emphasizing the necessity for timely representations against penal actions. The court's ruling reflects the critical nature of compliance with procedural regulations and the implications of delays in challenging administrative decisions. The case underscores the significance of understanding the limitations and timelines set out in legal frameworks applicable to civil servants, specifically regarding appeals and departmental representations. Keywords: Removal from Service Ordinance, legal representation, Supreme Court of Pakistan, procedural compliance, demotion, employment law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Service Tribunal,
Respondents Corporation
|
| Judges |
ZIA PERWEZ,
SABIHUDDIN AHMED,
SARMAD,
JALAL OSMANY
|
| Lawyers |
A.S.K. Ghori
|
| Petitioners |
Syed DILAWAR MADAD
|
| Respondents |
GOVERNMENT OF PAKISTAN and others
|
| Citations |
2011 SLD 1801,
2011 PLC 1086
|
| Other Citations |
Not available
|
| Laws Involved |
Removal from Service (Special Powers) Ordinance, 2000,
Constitution of Pakistan
|
| Sections |
2(c),
3,
9,
10,
212(3)
|