| Case ID |
ffe1b665-4f8f-4da7-94b3-cac0e3fc63a8 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 378 of 1994 |
| Decision Date |
Feb 19, 1995 |
| Hearing Date |
Jun 13, 1994 |
| Decision |
The petition for leave to appeal was dismissed by the Supreme Court. The petitioner, Muhammad Hussain, could not provide a satisfactory explanation for his absence and his counsel's absence at the Service Tribunal hearing on the specified date. Consequently, the Service Tribunal's decision to dismiss the appeal for non-prosecution was upheld. The court found no merit in the petition and refused leave to appeal. The petitioner was removed from service after a proper inquiry on other charges. |
| Summary |
In the case of Muhammad Hussain vs. Inspector General of Police, N.W.F.P, the Supreme Court of Pakistan dealt with an appeal concerning the dismissal of a case by the Service Tribunal due to non-prosecution. The petitioner, Muhammad Hussain, failed to attend the initial hearing, and neither did his lawyer provide a valid reason for their absence. The Tribunal refused to restore the appeal, citing a lack of satisfactory justification from the petitioner. The Supreme Court reviewed the case, including the Tribunal's records, and found the Tribunal's decision to be correct. The court emphasized the importance of providing a valid explanation for absence in legal proceedings. The case highlights the procedural aspects of service law under the North West Frontier Province Service Tribunals Act and the constitutional provisions under Article 212(3) of the Constitution of Pakistan, 1973. Ultimately, the Supreme Court denied the petitioner's request for leave to appeal, reinforcing the Tribunal's decision. This case underscores the judiciary's stance on maintaining procedural discipline and the consequences of failing to adhere to legal processes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
N.W.F.P. Service Tribunal
|
| Judges |
Manzoor Hussain Sial,
Mir Hazar Khan Khoso
|
| Lawyers |
Fateh Muhammad Khan,
Mehr Zaman Khan
|
| Petitioners |
Muhammad Hussain
|
| Respondents |
another,
Inspector General of Police, N.W.F.P., Peshawar
|
| Citations |
1995 SLD 244,
1995 SCMR 1040
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
North West Frontier Province Service Tribunals Act (I of 1974)
|
| Sections |
212(3),
4
|