| Case ID |
43d51842-d5d6-4c26-ac70-db805417eff5 |
| Body |
View case body. Login to View |
| Case Number |
|
| Decision Date |
Jun 09, 2006 |
| Hearing Date |
Mar 17, 2005 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by the Government of Northwest Frontier Province against the decision of the Service Tribunal. The Tribunal had accepted the appeal of Asif Iqbal, who was previously dismissed from service. The Court held that the recommendations of the Inquiry Committee were not binding on the competent authority, and that the Tribunal acted within its jurisdiction when it condoned the delay in filing the appeal. The Court emphasized that the sufficiency of cause for condonation of delay is a question of fact and lies within the exclusive jurisdiction of the Tribunal. The evidence presented did not substantiate the allegations against Asif Iqbal, leading to his exoneration from the charges of negligence, while confirming the minor penalty imposed by the Inquiry Committee. |
| Summary |
This case revolves around the appeal by the Government of Northwest Frontier Province against the decision of the Service Tribunal which favored Asif Iqbal, an employee dismissed from service. The Supreme Court examined the principles surrounding the authority of the Inquiry Committee and the Service Tribunal, particularly focusing on the non-binding nature of the Inquiry Committee's recommendations. The Court upheld the Tribunal's discretion to condone delays in appeals, asserting that such decisions are based on factual considerations that cannot be overturned without substantial justification. The Court's ruling reinforces the importance of procedural fairness in administrative decisions and highlights the role of evidence in disciplinary actions against public servants. Keywords: Supreme Court, Service Tribunal, administrative law, procedural fairness, employee dismissal, Inquiry Committee, appeal rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL,
MUHAMMAD SAIR ALI,
TARIQ PERVEZ
|
| Lawyers |
Additional Advocate General
|
| Petitioners |
GOVERNMENT OF NORTHWEST FRONTIER PROVINCE
|
| Respondents |
ASIF IQBAL
|
| Citations |
2010 SLD 3163,
2010 PLC 847
|
| Other Citations |
Abdul Rashid v. C.S.C. 1989 SCMR 1417,
Ali Hasan Rizvi v. Islamic Republic of Pakistan 1986 SCMR 1086,
Muhammad Azhar Khan v. The Service Tribunal, Islamabad 1976 SCMR 262,
Yousaf Hussain Siddiq v. Additional Settlement and Rehabilitation Commissioners, Peshawar 1976 SCMR 268,
WAPDA v. Abdul Rashid Dar 1990 SCMR 1513,
Sher Bahadur v. Government of North-West Frontier Province 1990 SCMR 1519,
Zahida v. Deputy Director 1990 SCMR 1504,
Cap. Dr. Munawar Tahir Hussain v. Government of the Punjab through Secretary Health Department 1990 SCMR 1470,
Muhammad Iqbal v. Secretary to Government of Punjab 1986 SCMR 1,
Karamat Hussain v. Province of the Punjab 1982 SCMR 897
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
212(3)
|