| Case ID |
ed548421-643e-4652-88f5-60724bc7c5cd |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No. 433 of 1993 |
| Decision Date |
Nov 30, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition filed by Mirza Afzal Baig seeking leave to appeal against the decision of the Federal Service Tribunal which had dismissed his service appeal as time-barred. The court held that the petitioner had failed to file his appeal within the 120-day timeline required after filing a departmental appeal. Additionally, there was no valid reason provided for condoning the delay. The appeal was further found to be related to a determination for promotion, which was also hit by the relevant provisions of the Service Tribunals Act. The court found no legal error or question of public importance warranting the grant of leave to appeal, leading to the dismissal of the petition. |
| Summary |
In the case of Mirza Afzal Baig v. Secretary, Establishment Division, the Supreme Court of Pakistan addressed the dismissal of a civil servant's appeal to the Federal Service Tribunal. The petitioner, Mirza Afzal Baig, argued that he was entitled to promotion and sought to appeal the tribunal's decision which dismissed his case as time-barred. The court highlighted the importance of adhering to procedural timelines set forth in the Service Tribunals Act, particularly the necessity to file appeals within 120 days of the departmental decision. The court found that the petitioner failed to demonstrate any valid grounds for delay in filing his appeal. The ruling reinforced the strict adherence to procedural laws in administrative matters, emphasizing that delays without sufficient justification are not acceptable. The decision showcases the legal principles governing civil service appeals in Pakistan, the importance of timely actions in legal processes, and the court's role in maintaining these standards. Keywords: Supreme Court of Pakistan, Service Tribunals Act, civil servant appeals, procedural timelines, administrative law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Establishment Division, Government of Pakistan
|
| Judges |
MUHAMMAD RAFIQ TARAR,
SAEEDUZZAMAN SIDDIQUI
|
| Lawyers |
Not available
|
| Petitioners |
Mirza AFZAL BAIG
|
| Respondents |
SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF PAKISTAN
|
| Citations |
1994 SLD 864 = 1994 SCMR 1665
|
| Other Citations |
Not available
|
| Laws Involved |
Service Tribunals Act, 1973,
Constitution of Pakistan, 1973
|
| Sections |
4(1),
212(3)
|