| Case ID |
ed36e6b4-024e-46c5-91db-c111122e1479 |
| Body |
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| Case Number |
Civil Appeal No. 678 of 1994 |
| Decision Date |
Jun 21, 1995 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the necessary procedures were followed by the Service Tribunal. The Tribunal's decision to allow the respondent's promotion consideration was upheld, emphasizing the importance of proper procedure, which was adhered to despite the appellants' assertions. The judgment confirmed that non-joinder of a party does not automatically invalidate proceedings if the party was aware and participated in the hearing. |
| Summary |
This case discusses the procedural aspects of appeals within the context of the Service Tribunals Act and the Constitution of Pakistan. The key issues revolved around the non-impleading of a necessary party and the assertion by the appellants that they were not allowed to file a written statement. The Supreme Court emphasized that while M. Abbas was a necessary party, his prior participation negated the claim of procedural deficiency. The judgment highlights the balance between procedural adherence and substantive justice in administrative law, reinforcing that the presence of a party at hearings can mitigate non-joinder issues. This case is significant for legal practitioners dealing with administrative appeals, as it clarifies the boundaries of procedural compliance and the implications of party joinder. Key terms include 'Service Tribunal', 'non-joinder', 'administrative law', and 'judicial review'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Directorate of Education,
|
| Judges |
SALEEM AKHTAR,
MAMOON QAZI,
MUHAMMAD BASHIR KHAN, JEHANGIRI
|
| Lawyers |
Raja M. Bashir, Dy. A.G.,
Ch. Akhtar Alt, Advocate-on-Record,
Fazal Elahi Siddiqui, Advocate Supreme Court,
Imtiaz M. Khan, Advocate-on-Record
|
| Petitioners |
,
FEDERATION OF PAKISTAN through Secretary, Ministry of Education, Government of Pakistan, Islamabad
|
| Respondents |
MUHAMMAD ASLAM
|
| Citations |
1996 SLD 459,
1996 PLC 325
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Service Tribunals Act (LXX of 1973)
|
| Sections |
Art. 212(3),
S. 4
|