| Case ID |
38bea413-dff6-40e7-a542-85912eec88c3 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 782 |
| Decision Date |
Aug 15, 1984 |
| Hearing Date |
Aug 06, 1984 |
| Decision |
The Supreme Court of Pakistan refused the leave to appeal, stating that the jurisdiction of the Service Tribunal does not extend to certain orders issued prior to the enactment of relevant laws. The court emphasized that the objection regarding the competence of the civil revision petition was raised too late, and the initial dismissal of the appeal was based on a misunderstanding of the law. It was determined that reinstatement of the petitioner did not render the appeal infructuous, and the appellate court should have considered the case on its merits. |
| Summary |
In the case of Abdul Latif Niazi v. Punjab Province, the Supreme Court of Pakistan examined the jurisdiction of Service Tribunals under the Punjab Service Tribunals Act, 1974, and the implications of reinstatement of civil servants on ongoing appeals. The Court ruled that certain proceedings in civil courts were not abated by the establishment of Service Tribunals, particularly when those proceedings involved orders issued before the establishment of the Tribunal's jurisdiction. The decision highlighted the importance of timely objections and the necessity for appeals to be decided on their merits rather than procedural technicalities. This case underscores the delicate balance between administrative actions and judicial review, particularly in the realm of public service and employment law. Keywords include Service Tribunals, reinstatement, civil appeal, administrative law, and judicial review. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Pakistan,
Board of Revenue
|
| Judges |
NASIM HASAN SHAH,
SHAFIUR REHMAN,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
Muhammad Saleem
|
| Petitioners |
ABDUL LATIF NIAZI
|
| Respondents |
PUNJAB PROVINCE through Collector, Multan
|
| Citations |
1985 SLD 341,
1985 SCMR 27
|
| Other Citations |
Khan Faizullah Khan v. Government of Pakistan P L D 1974 S C 291,
Islamic Republic of Pakistan v. Amjad Ali Mirza P L D 1977 S C 182,
Gulsher Khan and another v. The Province of West Pakistan and 2 others P L D 1977 Lah. 975,
Thal Engineering Industries Ltd. v. Bank of Bahawalpur Ltd. 1979 S C M R 32,
Smt. Guru Dasi v. Sarbananda Mahaldar and others P L D 1961 Dacca 243,
Muhammad Shafi v. Firm Haji Fazal Ilahi Noor Ilahi P L D 1964 (W.P.) Pesh. 182,
Ibrahim v. Muhammad Rafique PLD 1964 (W.P.) Lah. 644,
Ghulam Ali v. Nawaz Ali P L D 1975 Kar. 1090
|
| Laws Involved |
Constitution of Pakistan, 1973,
Civil Procedure Code (V of 1908),
Punjab Service Tribunals Act, (IX of 1974)
|
| Sections |
212(2),
185(3),
100,
115,
4
|