Pakistan Case LawSyed NAZEER AHMAD SHAH Versus THE FEDERATION OF PAKISTAN
This matter arises from a review petition filed by Syed Nazeer Ahmad Shah against this Court's previous judgment dated 8th November 1965, challenging the validity of a Divisional Officer's order directing his removal from railway service and alleging non-production of certain documents by the railway authorities. The core legal question is whether the re-arguing of settled points regarding the authority to remove from service and complaints regarding non-production of documents not raised at the initial hearing constitute valid grounds for review. The Supreme Court dismissed the petition, holding that matters fully considered in the original judgment cannot be re-argued through a review and that complaints regarding document production not raised at the hearing cannot be entertained. The key principle laid down is that a review petition cannot be used to re-litigate points already adjudicated upon or to raise new procedural grievances not urged at the original hearing.
- Can a party re-argue the validity of an order of removal from railway service through a review petition after the matter has been fully considered in the main judgment?
- Whether a complaint regarding the non-production of documents, not raised at the original hearing of the appeal, can be entertained for the first time in review?
ORDER
CORNELIUS, C. J.-The petitioner seeking a review of this Court's judgment of the 8th November 1965, in his appeal attempts to argue once again the point of the validity of the Divisional Officer's order directing his removal from Railway service, urging what had been contended previously that the power was vested in the Headquarters Office of the Railway] This matter has been fully considered in the judgment of the Court, and cannot be allowed to be re-argued, by way of a review. The petitioner complains that certain documents of which he had sought production, were never produced by the Railway authorities at the hearing of the appeal. No complaint on this score was made at the hearing, and it cannot be entertained now. It constitutes no ground for grant of a review.
The petition is dismissed.
Cited by 1 case
- Mohtarma BENAZIR BHUTTO vs THE STATE 1999 PLD Supreme Court 937
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