Legal Case Summary

Case Details
Case ID 430ba380-ab75-4de7-98c3-d5048b439e28
Body View case body.
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 The Tribunal determined that the civil servant had already withdrawn a previous appeal without obtaining permission to file a new one, thus barring any further action on the same cause of action.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 As the appellant's previous appeal was withdrawn and not decided on merits, the matter was considered adjudicated, and principles of res judicata applied.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 In this instance, Mehar Ali had previously withdrawn an appeal without permission, which barred him from filing a new one on the same grounds.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