2000SCMR172 (PLP)
MUHAMMAD MUSHTAQ AKBAR ABBASI — Petitioner Versus HOUSE BUILDING FINANCE CORPORATION through Managing
| Citation | 2000SCMR172 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sh. Ijaz Nisar and Sh. Riaz Ahmed, JJ |
| Parties | MUHAMMAD MUSHTAQ AKBAR ABBASI — Petitioner Versus HOUSE BUILDING FINANCE CORPORATION through Managing |
| Primary Law | Service Tribunals Act (LXX of 1973) |
Q1: What are the key laws and sections cited in 2000SCMR172 (PLP)?
This judgment primarily cites: Service Tribunals Act (LXX of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2000SCMR172 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sh. Ijaz Nisar and Sh. Riaz Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000SCMR172 (PLP) (MUHAMMAD MUSHTAQ AKBAR ABBASI — Petitioner Versus HOUSE BUILDING FINANCE CORPORATION through Managing). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Raja Muhammad Bashir, Advocate Supreme Court with M.A. Zaidi, Advocate-onRecord for Petitioner.
- H4fiz S.A. Rehman, Advocate Supreme Court with M.S. Khattak, Advocate-on-Record for Respondents.
- Date of hearing: 20th April, 1999.
Headnotes / Summary
(On appeal from the judgment/order, dated 24-8-1998, of the Federal Service Tribunal passed in Appeal No.700-R of 1997).
Ss. 6 & 2-A
Constitution of Pakistan (1973), Art. 212 (3)
Contentions were that petitioners did not file departmental appeal because penalty of compulsory retirement was not provided in the relevant Regulations; that Service Tribunal failed to appreciate the effect of S. 6, Service Tribunals Act, 1973 which provided for abatement of suits, appeals, or applications; that Service Tribunal also failed to appreciate proviso to S. 6, Service Tribunals Act, 1973 which provided that any party to such suit, appeal or application may, within 90 days of the establishment of the appropriate Tribunal, prefer an appeal to such Tribunal in respect of any such matter which was in issue in such suit, appeal or application and that since the Constitutional petition filed by the petitioner had abated in view of the introduction of S. 2-A in the Service Tribunals Act, 1973 the appeal filed by him before the Service Tribunal on 22-9-1997 was within time and could not have been dismissed-- Leave to appeal was granted by Supreme Court to consider the contentions.
Judgment & Decree
SH. IJAZ NISAR, J'.
Leave is sought against the judgment, dated 24-8-1998, passed by the Federal Service Tribunal, Islamabad, in Appeal No..700(R) of 1997.
2. The facts, in brief, are that Muhammad Mushtaq Akbar Abbasi, petitioner herein, joined the respondent-Corporation as Grade-II Officer in the year 1973. On 4-3-1996, while serving as Assistant Manager, Client Services in Islamabad Zonal Office of the H.B.F.C. he was served with a charge-sheet on the allegations that he got 35 cases approved on bogus income certificates and in one case disbursed the money where the house had already been constructed and, therefore, he was guilty of misconduct and corruption. He submitted a reply to the charge-sheet, which was not found satisfactory, therefore, a departmental inquiry was ordered. By order dated 28-4-1997, major penalty of compulsory retirement from service was imposed upon the petitioner.
3. Feeling aggrieved, the petitioner filed W.P. No 980 of 1997 in the Lahore High Court, Rawalpindi Bench, which was ultimately disposed of on 16-9-1997 with the remarks that the High Court had no jurisdiction to proceed in the matter in view 'of the latest amendment m the Service Tribunals Act. Thereafter, he filed an appeal before the Federal Service Tribunal on 22-9-1997 alongwith an application for condonation of delay, which was dismissed on the ground of maintainability. The petitioner has not filed the departmental appeal before approaching it. Hence, this petition.
4. It is, inter alia, contended that the petitioner did not file appeal before the departmental authority because the penalty awarded to him viz. the compulsory retirement was not provided in the House Building Finance Corporation Regulation and further that the Tribunal failed to appreciate the effect of section 6 of the Service Tribunals Act, which provided for abatement of suits, appeals or applications and proviso to the section providing that any party to such suit, appeal or application may within 90 days of the establishment of the appropriate Tribunal, prefer an appeal, to it in respect of any such matter which was in issue in such suit, appeal or application. Since the writ petition filed by the petitioner had abated in view of the introduction of section 2-A in the Service Tribunals Act, 1973, the appeal filed by him before the Tribunal on 22-9-1997 was within time and could not have been dismissed.
5. Leave is granted to consider the above proposition. Since this is a service matter, office is directed to fix the appeal for hearing at an early date. M.B.A./M-366/S Leave granted.