| Case ID |
f8ee1c74-5c63-4164-a398-57224075eac9 |
| Body |
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| Case Number |
Civil Petition No.589 of 2009 |
| Decision Date |
Apr 28, 2009 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition filed by Abdul Rashid against the Federal Service Tribunal's ruling, which had dismissed his appeal as time-barred. The Court upheld that it cannot interfere in the factual findings of the Service Tribunal under Article 212(3) of the Constitution. The Court emphasized the importance of adhering to procedural timelines and affirmed that mere repetition of departmental representations does not extend the limitation period. The decision underscored that diligence is essential for litigants and that the Tribunal had exercised its discretion appropriately, with no grounds for interference found by the Supreme Court. |
| Summary |
In the case of Abdul Rashid vs. Director General, POST OFFICES, ISLAMABAD, the Supreme Court of Pakistan addressed the issue of appeal dismissal due to limitation. The petitioner, Abdul Rashid, challenged the decision of the Federal Service Tribunal, which had ruled his appeal as time-barred after he filed multiple departmental representations instead of timely appeals. The Court reiterated the principle that diligence in pursuing legal remedies is crucial, and that the Tribunal's findings of fact cannot be overturned lightly. This case highlights the significance of adhering to legal timelines and the implications of procedural compliance in administrative law. It serves as a reminder for civil servants regarding the importance of timely appeals and the limitations set by law. Furthermore, it reinforces the role of the judiciary in maintaining the integrity of legal processes, ensuring that justice is not only served but also seen to be served. The case references several precedents that stress the necessity for litigants to act promptly and the consequences of negligence in legal pursuits, emphasizing that the law favors those who are proactive in seeking justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.,
RAJA FAYYAZ AHMAD,
CH. IJAZ AHMED, JJ
|
| Lawyers |
|
| Petitioners |
ABDUL RASHID
|
| Respondents |
others,
Director General, POST OFFICES, ISLAMABAD
|
| Citations |
2009 SLD 1819,
2009 SCMR 1435
|
| Other Citations |
Ch. Muhammad Azim's case 1991 SCMR 255,
Muhammad Nawaz's case 1982 SCMR 880,
Muhammad Sharif's case 1981 SCMR 1158,
Bashir Ahmed Khan's case PDL 1985 SC 309,
Muhammad Hasham's case 1990 SCMR 1440,
Ali Muhammad's case PLD 1996 SC 292,
Muhammad Saleem's case PLD 1995 SC 396,
Muhammad Feroze Khan's case 1986 SCMR 930,
Zaffar Iqbal Khan's case 2003 SCMR 1471,
Haji Kadir Bux's case 1982 SCMR 582,
Syed Ali Hasan Rizvi's case 1986 SCMR 1086,
Hakim Muhammad Buta's case PLD 1985 SC 153,
Muhammad Hussain's case PLD 1993 SC 147
|
| Laws Involved |
Constitution of Pakistan, 1973,
Limitation Act, 1908,
Service Tribunals Act, 1973
|
| Sections |
212(3),
5,
4
|