1987 PLP 110 (SCMR)
Qazi FAIZUL HAQ‑‑Petitioner Versus GOVERNMENT OF N.‑W.F.P. through CHIEF SECRETARY, PESHAWAR Respondent
| Citation | 1987 PLP 110 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Mian Burhanuddin Khan, JJ |
| Parties | Qazi FAIZUL HAQ‑‑Petitioner Versus GOVERNMENT OF N.‑W.F.P. through CHIEF SECRETARY, PESHAWAR Respondent |
| Primary Law | Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 110 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 110 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Mian Burhanuddin Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 110 (SCMR) (Qazi FAIZUL HAQ‑‑Petitioner Versus GOVERNMENT OF N.‑W.F.P. through CHIEF SECRETARY, PESHAWAR Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Bilal, Advocate Supreme Court and Rao Muhammad Yousaf Khan, Advocate‑on‑Record (absent) for Petitioner.
- Nemo for Respondent.
- Date of hearing: 2nd November, 1986.
Headnotes / Summary
(From the judgment/order of the N.‑W.F.P. Service Tribunal, dated 9‑3‑1985 passed in Appeal No. 8 of 1985). ‑‑‑Art. 212(3)‑‑Limitation Act (IX of 1908), S. 5‑‑Limitation‑‑Dismissal of time‑barred appeal‑‑Plea that result of review petition was not communicated and that no opportunity was afforded to petitioner to show that his appeal was not time‑barred, not sustained from record‑ Questions raised having been concluded by finding of fact by Tribunal and no question of law of public importance arising, leave to appeal refused.
Judgment & Decree
Muhammad Bilal, Advocate Supreme Court and Rao Muhammad Yousaf Khan, Advocate‑on‑Record (absent) for Petitioner. Nemo for Respondent. Date of hearing: 2nd November, 1986. MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought from judgment dated 9‑3‑1985 of the N.‑W.F.P. Service Tribunal; whereby the petitioner's Service Appeal filed against orders of his compulsory retirement, was dismissed as time‑barred. Learned counsel has stated that the order of compulsory retirement having been asked on 20th August, 1984, it was communicated to the petitioner on 13‑10‑1984. He filed a review petition on 17‑10‑1984. The result of the review was never communicated to the petitioner. He, therefore, after waiting for 90 days filed appeal before the Tribunal on 17‑1‑1985 but the same was dismissed on 9‑3‑1985 as time‑barred; without affording an opportunity to the petitioner to show that the appeal was not time‑barred. It is clear from the impugned judgment that the petitioner's counsel was afforded full hearing. It was in his presence that the record was perused and it was found that the petitioner's review was rejected on 15‑11‑1984 and that the order of rejection was communicated to the petitioner. His plea before this Court that the review order was never communicated to him, in view of the admission made by him in para 7 of his grounds of appeal before the Tribunal is not based on records. The question raised stands concluded by a finding of fact by the learned Tribunal. No question of law of public importance arises, this petition accordingly, is dismissed. M. I. Petition dismissed.