| Case ID |
f67fad75-222f-4561-a273-3e01f910299d |
| Body |
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| Case Number |
Civil Appeal No. 982 of 1993 |
| Decision Date |
Jun 18, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal filed against the majority decision of the Service Tribunal. The Tribunal had ruled that the majority view justified the infliction of a lighter punishment on the civil servant involved, despite the prima facie case of limitation. The court emphasized that the inaction of the department justified the filing of the appeal beyond the typical time limits. The appeal's dismissal indicated that the majority decision did not suffer from any procedural flaws, thus upholding the Tribunal's findings. |
| Summary |
In the case of Civil Appeal No. 982 of 1993, the Supreme Court of Pakistan addressed the complexities surrounding the Service Tribunals Act and the implications of procedural delays in civil service matters. The case emerged from a dispute involving the recovery of salary arrears for an employee, Abdur Razzak, who had been wrongfully removed from service. The Service Tribunal had a majority ruling that despite a prima facie limitation on the appeal, the circumstances warranted a lighter punishment for the civil servant. The Supreme Court upheld this majority decision, emphasizing that the department's inaction played a crucial role in justifying the appeal's timing. This case highlights critical aspects of administrative law and the importance of procedural fairness in civil service disputes, making it a significant reference for future cases involving service discipline and tribunal decisions in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakistan Railways,
Federal Service Tribunal
|
| Judges |
AJMAL MIAN, C.J.,
SH. RIAZ AHMAD,
CH. MUHAMMAD ARIF
|
| Lawyers |
Ch. Fazal-i-Hussain, Advocate Supreme Court,
Ch. Muhammad Adam, Advocate-on-Record,
M. Bilal, Senior Advocate Supreme Court,
Ejaz Muhammad Khan Advocate-on-Record
|
| Petitioners |
PAKISTAN RAILWAYS
|
| Respondents |
JAMIL AHMAD
|
| Citations |
1999 SLD 378,
1999 SCMR 1151
|
| Other Citations |
Not available
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Constitution of Pakistan (1973)
|
| Sections |
3-A,
4,
Art. 212
|