| Case ID |
f7f98c68-76ef-41d7-82d9-2d1766e62339 |
| Body |
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| Case Number |
Civil Petition No. 118 of 1995 |
| Decision Date |
Jun 21, 1995 |
| Hearing Date |
Jun 21, 1995 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal to consider the petitioner's contentions regarding the timeliness of his appeal to the Service Tribunal after the departmental appeal had been decided. The Court recognized that the earlier appeal, which was dismissed for non-prosecution, did not bar the later appeal due to the principles of res judicata. The Court emphasized that the petitioner had filed his appeal within the specified time frame after receiving the departmental decision, and as such, the dismissal of the earlier appeal should not have affected his right to pursue the matter before the Tribunal. The Court's ruling provided clarity on the application of legal principles concerning appeal timelines and the implications of prior dismissals. |
| Summary |
This case revolves around the procedural aspects of appeals in the context of service tribunals in Pakistan, specifically addressing issues related to the timeliness of appeals and the application of res judicata. The petitioner, Ch. Ghulam Sarwar, contested the dismissal of his appeal by the Federal Service Tribunal, which held that his appeal was barred by time and the principle of res judicata. The Supreme Court's decision to grant leave to appeal emphasized the importance of adhering to specified timelines in filing appeals after departmental decisions. It also clarified that earlier dismissals for non-prosecution do not necessarily preclude subsequent appeals, thus providing critical insights into the legal framework governing employment disputes in Pakistan. This case is significant for civil servants and legal practitioners as it reinforces the procedural rights of employees in contesting administrative decisions, ensuring that the principle of fair hearing is upheld. Key legal terms like 'Service Tribunals Act', 'Constitution of Pakistan', and 'res judicata' are central to understanding the implications of this ruling, making it a relevant reference for future cases in administrative law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Service Tribunal,
Federal Directorate of Education
|
| Judges |
SALEEM AKHTAR,
MAMOON KAZI,
MUHAMMAD BASHIR
|
| Lawyers |
Petitioner in person,
Nemo for Respondents
|
| Petitioners |
Ch. GHULAM SARWAR
|
| Respondents |
SECRETARY, MINISTRY OF EDUCATION, GOVERNMENT OF PAKISTAN, ISLAMABAD
|
| Citations |
1998 SLD 731,
1998 SCMR 1375
|
| Other Citations |
Haji Qadir Bux v. Province of Sindh and others 1982 SCMR 582
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Constitution of Pakistan (1973)
|
| Sections |
4,
212(3)
|