| Case ID |
42843392-5de3-4299-8e15-6090739cb0a0 |
| Body |
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| Case Number |
Civil Petition No. 170 of 2001 |
| Decision Date |
Oct 03, 2002 |
| Hearing Date |
Oct 03, 2002 |
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by Ijaz Ahmad Dar against the Federal Service Tribunal's judgment which had dismissed his appeal as time-barred. The Court found that the civil servant failed to challenge the decision of the Competent Authority regarding his unsatisfactory performance during the probation period within the stipulated time frame. The Court upheld the principle that only one appeal, review, or representation could be made before the Departmental Authority, and failure to act within the 30-day limit post-communication of the rejection of the first appeal barred the subsequent appeal to the Service Tribunal. The Court concluded that the petitioner had no case on merits as well, allowing the dismissal of the petition. |
| Summary |
In the case of Civil Petition No. 170 of 2001, the Supreme Court of Pakistan addressed the issue of the termination of a civil servant's services without a show-cause notice during the probation period. The Court examined the procedural aspects of appeals under the Service Tribunals Act, emphasizing the importance of adhering to strict timelines for challenging decisions. The ruling highlighted that an incompetent appeal does not extend the limitation period, reinforcing the legal principle that only one appeal or representation is permissible. The Court also underscored the authority of the Competent Authority to terminate services based on unsatisfactory performance without prior notice. This case serves as a crucial reference for understanding the procedural requirements and limitations in service-related disputes, particularly for civil servants under probation. Keywords such as 'Supreme Court of Pakistan', 'Service Tribunals Act', 'civil servant termination', and 'legal appeal process' are trending in the context of administrative law and public service regulations, making this case relevant for legal practitioners and scholars alike. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MIAN MUHAMMAD AJMAL,
MUHAMMAD NAWAZ ABBASI,
KARAMAT NAZIR BHANDARI
|
| Lawyers |
Muhammad Munir Peracha,
Ch Akhtar Ali
|
| Petitioners |
IJAZ AHMAD DAR
|
| Respondents |
DIRECTOR-GENERAL, PAKISTAN RANGERS (SINDH)
|
| Citations |
2003 SLD 1092,
2003 PLC 1255
|
| Other Citations |
Not available
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Constitution of Pakistan (1973)
|
| Sections |
4,
212(3)
|