| Case ID |
3d72c729-6bd4-42ee-afb0-3c419678442e |
| Body |
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| Case Number |
Civil Petition No. 509-R of 1983 |
| Decision Date |
Feb 06, 1984 |
| Hearing Date |
Mar 06, 1984 |
| Decision |
The Supreme Court dismissed the petition challenging the reversion of the petitioner from the post of Senior Broadcast Engineer to Broadcast Engineer. The court determined that the petitioner failed to file an appeal within the requisite time frame following the rejection of his departmental representation, as he did not receive timely communication regarding its disposal. The court asserted that the appeal should have been filed within 120 days from the lodging of the representation, and noted that the petitioner did not provide sufficient justification for the delay in filing the appeal. Consequently, the court upheld the Federal Service Tribunal's decision regarding the limitation period, leading to the dismissal of the petition. |
| Summary |
The case revolves around the reversion of the petitioner from the position of Senior Broadcast Engineer to Broadcast Engineer, following the powers exercised under the Corporation Employees (Special Powers) Ordinance. The crux of the case is the interpretation of the limitation period for filing an appeal, which was pivotal in determining the outcome. The petitioner argued that he was not informed of the rejection of his representation in a timely manner, thereby affecting his ability to appeal. The Supreme Court's ruling emphasized the necessity for prompt action in filing appeals and clarified the legal framework under which such appeals must be processed. The decision reinforces the importance of adhering to procedural timelines in administrative law and the implications of failure to do so. It serves as a critical reference for future cases regarding limitation periods and administrative remedies. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, ACTG. C.J.,
ANDMIAN BURHANUDDIN KHAN, JJ
|
| Lawyers |
Kh. M. Y. Saraf, Advocate Supreme Court,
Ch. Karam Elahi Bhatti, Advocate-on-Record,
Maulvi Sirajul Haq, Senior Advocate Supreme Court,
M. Afzal Siddiqi, Advocate-on-Record
|
| Petitioners |
MUQARRAB KHAN NIAZI
|
| Respondents |
SECRETARY, MINISTRY OF INFORMATION
|
| Citations |
1984 SLD 625,
1984 SCMR 740
|
| Other Citations |
Kadir Bux v. Province of Sind and another (1982 SCMR 582)
|
| Laws Involved |
Constitution of Pakistan,
Corporation Employees (Special Powers) Ordinance (XIII of 1978),
Services Tribunals Act (LXX of 1973)
|
| Sections |
Art. 212(3),
S. 3,
S. 4
|