| Case ID |
4649e15c-219f-481c-bda2-bb4c97c29243 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.245-P of 199 |
| Decision Date |
Aug 11, 1999 |
| Hearing Date |
Aug 11, 1999 |
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by Muhammad Akbar Khan seeking leave to appeal against the dismissal of his appeal by the N.-W.F.P. Service Tribunal. The court found that the petitioner had not maintained a clean service record, and his departmental appeal was barred by limitation. The inquiry against him for corruption was pending, thus disqualifying him from consideration for selection grade or promotion. The court emphasized that if the departmental authority does not dismiss an appeal on the ground of limitation, the Tribunal cannot declare the appeal incompetent based on that limitation. Therefore, the decision of the Tribunal was upheld, and the petition was dismissed. |
| Summary |
In the case of Muhammad Akbar Khan vs. Inspector-General of Police, the Supreme Court of Pakistan dealt with issues surrounding departmental appeals and civil service promotions. The petitioner, a police officer, contested the dismissal of his appeal for selection grade on grounds of a patchy service record and pending inquiries. The court ruled that promotions could not be awarded if adverse findings were pending under the Efficiency and Discipline Rules. The decision highlighted the importance of maintaining a clean record for civil servants and clarified that delays in departmental decisions do not automatically invalidate appeals. This case underscores the complexities of civil service regulations and the legal interpretations involved in administrative justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD BASHIR,
JEHANGIRI,
ABUR REHMAN KHAN
|
| Lawyers |
M. Asif Khan, Advocate Supreme Court,
Hussain Khan, Advocate-on-Record,
Imtiaz Ali, Additional Advocate-General, N.-W.F.P.
|
| Petitioners |
MUHAMMAD AKBAR KHAN
|
| Respondents |
4 others,
INSPECTOR-GENERAL OF POLICE, N.-W.F.P.
|
| Citations |
2000 SLD 692,
2000 SCMR 36
|
| Other Citations |
Not available
|
| Laws Involved |
North-West Frontier Province Service Tribunals Act
|
| Sections |
4
|