SCMR 2011

2011 SCMR 1531 (PLP)

MUKHTAR AHMAD — Petitioner Versus DEPUTY INSPECTOR-GENERAL OF POLICE and others — Respondents

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
C.P. No. 2014-L of 2010, decided on 21st June, 2011.
Honorable Judges
Khilji Arif Hussain and Mian Saqib Nisar, JJ
Case Reference Summary (AEO Optimized)
Citation 2011 SCMR 1531 (PLP)
Forum / Court Supreme Court of Pakistan
Bench Members Khilji Arif Hussain and Mian Saqib Nisar, JJ
Parties MUKHTAR AHMAD — Petitioner Versus DEPUTY INSPECTOR-GENERAL OF POLICE and others — Respondents
Primary Law Service Tribunals Act (LXX of 1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2011 SCMR 1531 (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 2011 SCMR 1531 (PLP)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Khilji Arif Hussain and Mian Saqib Nisar, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2011 SCMR 1531 (PLP) (MUKHTAR AHMAD — Petitioner Versus DEPUTY INSPECTOR-GENERAL OF POLICE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Service Tribunals Act (LXX of 1973)

Representation

  • Mian Mahmood Hussain, Advocate Supreme Court for Petitioner.
  • Date of hearing: 21st June, 2011.
  • 2. The learned Additional Advocate-General, frankly stated and rightly so that in the absence of the parties the Tribunal cannot decide the appeal on merit.

Headnotes / Summary

(On appeal from the judgment dated 23-9-2010 of the Federal Service Tribunal, Lahore passed in Appeal No. 277(L)CS of 2002).

S. 4

Constitution of Pakistan, Art. 212(3)

Appeal

Powers of Service Tribunal

Scope

Tribunal in absence of parties could not decide appeal on merit

Principles. Riaz Ahmed, DSP (Legal) for the Respondents. Shahid Mobeen, Additional A.-G. on Court's Call.

Judgment & Decree

KHILJI ARIF HUSSAIN, J.

It is contended by the learned counsel for the petitioner that no opportunity of hearing has been given to the petitioner; that notice of absence was not served upon the petitioner and that the Tribunal misdirected by holding that his departmental appeal was barred by time.

2. The learned Additional Advocate-General, frankly stated and rightly so that in the absence of the parties the Tribunal cannot decide the appeal on merit.

3. After hearing the learned counsel for the parties and going through the material available on file, we convert this petition into appeal and allow. The impugned judgment passed by the Federal Service Tribunal is set aside and the matter is remanded for decision afresh strictly in accordance with law after hearing the parties. S.A.K./M-57/SC Case remanded.