| Case ID |
430ba380-ab75-4de7-98c3-d5048b439e28 |
| Body |
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| Case Number |
Appeal No. 117 of 2000 |
| Decision Date |
Nov 07, 2001 |
| Hearing Date |
Aug 22, 2001 |
| Decision |
The appeal filed by Mehar Ali was dismissed on grounds of maintainability. The Tribunal determined that the civil servant had already withdrawn a previous appeal without obtaining permission to file a new one, thus barring any further action on the same cause of action. The Tribunal reiterated that a civil servant can only file one appeal regarding a final order and must choose between waiting for a decision on a departmental appeal or filing an appeal after a statutory waiting period. As the appellant's previous appeal was withdrawn and not decided on merits, the matter was considered adjudicated, and principles of res judicata applied. Consequently, the second appeal was deemed not maintainable, highlighting the importance of adhering to procedural rules in service matters. |
| Summary |
The case revolves around Mehar Ali, who challenged his termination from the Excise and Taxation Department via an appeal to the Service Tribunal of Sindh. The central legal issue addressed was the maintainability of his second appeal under the Sindh Service Tribunals Act, 1973. The Tribunal emphasized that a civil servant can only file one appeal regarding any final order and must select either to wait for a decision on a departmental appeal or proceed after a statutory waiting period. In this instance, Mehar Ali had previously withdrawn an appeal without permission, which barred him from filing a new one on the same grounds. The ruling underscored the significance of procedural compliance for civil servants and the legal principles surrounding res judicata, thereby reinforcing the procedural integrity of appeals in service matters. Relevant case law was referenced to support the Tribunal's decision. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE (RETD.) ABDUL GHANI SHAIKH,
GHULAM SARWAR KHERO
|
| Lawyers |
Syed Zafar Ali Shah,
Muhammad Qasim Mirjat
|
| Petitioners |
Mehar Ali
|
| Respondents |
another,
THE DIRECTOR GENERAL EXCISE AND TAXATION
|
| Citations |
2002 SLD 2012,
2002 PLC 1628
|
| Other Citations |
Qadir Bux v. Province of Sindh and another 1982 SCMR 582,
PLD 1990 Lah. 352,
Nazir Ahmed v. Secretary Government of Punjab and others 1986 PLC (C.S.) 774
|
| Laws Involved |
Sindh Service Tribunals Act (XV of 1973)
|
| Sections |
4
|