2012 PLP 195 (SCMR)
SAJJAD HUSSAIN — Appellant Versus SECRETARY, MINISTRY OF RAILWAYS, ISLAMABAD and others — Respondents
| Citation | 2012 PLP 195 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Khilji Arif Hussain and Amir Hani Muslim, JJ |
| Parties | SAJJAD HUSSAIN — Appellant Versus SECRETARY, MINISTRY OF RAILWAYS, ISLAMABAD and others — Respondents |
| Primary Law | Service Tribunals Act (LXX of 1973) |
Q1: What are the key laws and sections cited in 2012 PLP 195 (SCMR)?
This judgment primarily cites: Service Tribunals Act (LXX of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP 195 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Khilji Arif Hussain and Amir Hani Muslim, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 195 (SCMR) (SAJJAD HUSSAIN — Appellant Versus SECRETARY, MINISTRY OF RAILWAYS, ISLAMABAD and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sanaullah Noor Ghouri, Advocate Supreme Court and Abdul Saeed Khan Ghouri, Advocate-on-Record for Appellant
- Munib Ahmed Khan, Advocate Supreme Court and Mazhar Ali B. Chohan, Advocate-on-Record for Respondents
- Date of hearing: 9th August, 2011.
Headnotes / Summary
(On appeal from the order dated 5-7-2010 of the Federal Service Tribunal, Islamabad passed in Appeal No.21(K)(CS) of 2010).
S. 4
Appeal before Service Tribunal
Time barred departmental representation
Service Tribunal dismissed the appeal filed by civil servant as the same was barred by limitation
Departmental appeal filed by civil servant was barred by time, therefore, even if the appeal filed before Service Tribunal was in time, no relief could be granted to him
Judgment passed by Service Tribunal was reasonable and proceeded on cogent ground
Civil servant was unable to advert to jurisdictional error or legal infirmity which could justify interference
Appeal was dismissed. Muhammad Aslam v. WAPDA and others 2007 SCMR 513 and Zia-ur-Rehman v. Divisional Superintendent Postal Services, Abbottabad and others 2009 SCMR 1121 rel.
Judgment & Decree
KHILJI ARIF HUSSAIN, J.
This appeal, with the leave of the Court, is directed against the judgment dated 5-7-2010 of the Federal Service Tribunal, Islamabad whereby appeal filed by the appellant was dismissed as the same was hopelessly barred by time.
2. Heard the learned counsel for the parties and perused the available record minutely.
3. It is contended by the learned counsel for the appellant that the appeal filed by the appellant before the Service Tribunal was not barred by time. He has drawn our attention at page 45 of the original order passed by the departmental authority dated 30-4-2003 and departmental appeal on 28-6-2003 at page 52, which admittedly filed much after expiry of 30 days from the order passed by the competent authority.
4. We have taken into consideration arguments advanced by the learned counsel for the appellant and perused the record. From perusal of the record it appears that the departmental appeal of the appellant was barred by time, even if the appeal filed before the Service Tribunal was in time, no relief can be granted to him. If any case-law is required one can see the cases of Muhammad Aslam v. WAPDA and others, (2007 SCMR 513) and Zia ur Rehman v. Divisional Superintendent Postal Services, Abbottabad and others, (2009 SCMR 1121).
5. Having considered the matter from all angles in the light of material on file, we are of the view that the impugned judgment of the Federal Service Tribunal is eminently reasonable and proceeds on cogent ground. The learned counsel for the appellant was unable to advert jurisdictional error or legal infirmity, which would justify interference. In view of the above, we do not find any merit in the listed appeal which is dismissed. M.H./S-54/SC Appeal dismissed.