| Case ID |
d7a84815-7601-4800-8a13-1b6ac6bc9abb |
| Body |
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| Case Number |
Appeal No.2153 of 2006 |
| Decision Date |
Sep 06, 2006 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as grossly time-barred, primarily due to the excessive delay in filing. The appellant, Mst. Shaishta Javed Iqbal, had been absent from duty for about two years and nine months, which led to her removal from service. Although she received a directive from the Chief Minister allowing her to file an appeal, the Tribunal emphasized that it does not have jurisdiction to condone delays based on such directives. The Tribunal maintained that it is responsible for making decisions regarding the admissibility of appeals based on the merits of each case. Consequently, the appeal was found to be significantly delayed and thus dismissed. |
| Summary |
In the case of Mst. Shaishta Javed Iqbal vs. Education Department, the Service Tribunal of Punjab addressed the appeal regarding the appellant's removal from service due to prolonged absence. The appellant's absence lasted for nearly three years, which prompted the Education Department to impose a penalty of removal. Despite the appellant's attempts to seek remedy through an appeal, the Tribunal ruled that her appeal was time-barred as it was filed significantly after the stipulated period. The Tribunal rejected the argument that a directive from the Chief Minister could serve as a basis for condoning the delay. This ruling underscores the importance of adhering to procedural timelines in administrative law and highlights the Tribunal's exclusive jurisdiction in matters of appeal timelines. The case reflects the intersection of administrative decisions and judicial review, raising critical questions about the authority of executive directives in the context of legal proceedings. This decision serves as a precedent for future cases involving procedural delays and the role of governmental directives in judicial processes. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
|
| Judges |
MUHAMMAD AFZAL (MEMBER-I)
|
| Lawyers |
Pervaiz Inayat Malik,
District Attorney
|
| Petitioners |
Mst. SHAISHTA JAVED IQBAL
|
| Respondents |
EDUCATION DEPARTMENT
|
| Citations |
2007 SLD 1801,
2007 PLC 123
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants (Efficiency and Discipline) Rules, 1999,
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
R. 4(1)(b)(iv),
S.4
|