| Case ID |
f7eddabc-0ed6-4b92-8463-03216a1e27e6 |
| Body |
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| Case Number |
Civil Petitions Nos.2547 and 2640 of 2023 |
| Decision Date |
Aug 13, 2024 |
| Hearing Date |
Aug 13, 2024 |
| Decision |
The Supreme Court of Pakistan ruled on the matter concerning the interpretation of the Service Tribunals Act, 1973, particularly regarding the role of an acting Chairman in cases of differing opinions among tribunal members. The court emphasized that the legislation did not explicitly include an acting Chairman in the provisions governing decision-making during such disagreements. As a result, the court decided to remand the case back to the Chairman of the Tribunal for a decisive ruling, highlighting the importance of adhering to statutory language and legislative intent. The court expressed urgency for a timely resolution to the appeals, aiming for a decision within three months of the order's receipt. |
| Summary |
This case revolves around the interpretation of the Service Tribunals Act, 1973, specifically focusing on the decision-making process in instances where there is a difference of opinion among tribunal members. The Supreme Court of Pakistan clarified that when a tribunal is equally divided, the opinion of the Chairman prevails if he is a member of the tribunal that heard the case. However, in this instance, the court noted that the acting Chairman had expressed a viewpoint, leading to confusion regarding the application of the law. The ruling underscored the principle that statutory language must be adhered to strictly, and thus, the matter was remanded to the regular Chairman for prompt resolution. This case is significant as it addresses the procedural integrity of judicial decision-making within administrative tribunals, emphasizing the necessity for clarity in legislative provisions. Keywords such as 'Service Tribunals', 'Judicial Decision-Making', and 'Administrative Law' are essential to understanding the implications of this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Service Tribunal, Islamabad
|
| Judges |
Qazi Faez Isa, CJ,
Naeem Akhtar Afghan, J
|
| Lawyers |
Rashdeen Nawaz Qasuri, Additional Attorney-General for Pakistan,
M. Ibrahim, Advocate High Court,
Asif Sohail, Director (Legal), Ministry of National Health Services, Regulations and Coordination, Islamabad,
M. Aftab Alam Rana, Advocate Supreme Court
|
| Petitioners |
others,
CHAIRMAN FEDERAL PUBLIC SERVICE COMMISSION, ISLAMABAD
|
| Respondents |
others,
Dr. HUMAIRA SIKANDAR
|
| Citations |
2024 SLD 4852,
2024 PLD 915
|
| Other Citations |
Not available
|
| Laws Involved |
Service Tribunals Act, 1973
|
| Sections |
3A(2)(c),
3(7)
|