Pakistan Case Law
2008 SCMR 402

RAJA RIAZ vs CHAIRMAN, PAKISTAN SPACE AND UPPER ATMOSPHERE

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Citation2008 SCMR 402
CourtSupreme Court of Pakistan
Case No.Civil Petition No,722 and C.A. No,1658 of 2007
Date2007-09-19
Judge(s)Iftikhar Muhammad Chaudhry, C.J., Nasir-ul-Mulk and Syed Jamshed Ali
Authored byIftikhar Muhammad Chaudhry
ResultAppeal accepted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This civil petition before the Supreme Court of Pakistan arose from an administrative notice issued by the Registrar of the Federal Service Tribunal informing the petitioner that his appeal had abated with effect from 27th June 2006 pursuant to a Supreme Court judgment. The petitioner challenged this action on the ground that the Registrar lacked the authority to declare an appeal abated without a judicial order passed by the Tribunal itself. The core legal question was whether a ministerial notice issued pursuant to a general directive of the Chairman could validly dispose of a pending appeal on the grounds of abatement. The Supreme Court held that a notice of information conveying that an appeal has abated cannot be deemed a judicial order. The Court ruled that the Service Tribunal must pass a separate judicial order in every individual case after providing an opportunity of hearing to the parties. Consequently, the petition was converted into an appeal, allowed, and remanded to the Federal Service Tribunal for proper judicial disposal.

Questions settled in this judgment
  • Can a Registrar of the Federal Service Tribunal dispose of an appeal by issuing an administrative notice of abatement?
  • Is a separate judicial order required to be passed by the Service Tribunal in each case after hearing the parties to determine abatement?
  • Can a ministerial notice issued under a general administrative directive be treated as a valid judicial order disposing of an appeal?
Federal Service Tribunalabatement of appealRegistrar authorityjudicial orderopportunity of hearingremandservice law

ORDER

' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.--- The case of the petitioner is that his appeal has been disposed of without passing a judicial order and the Registrar of Federal Service Tribunal vide impugned notice, has informed him that his case has abated w.e.f, 27th day of June, 2006, in view of the judgment of this Court passed in C.As. Nos.792 to 816 of 2005 etc. According to him, the Registrar has no authority to declare that the appeal had abated, as it is the function of Federal Service Tribunal to dispose of such cases by passing judicial order notwithstanding the fact that it has been abated or otherwise, in view of circumstances of each case and in view of the criteria laid down by this Court in the judgment of this Court, which has been relied upon.

2. Learned counsel for the respondent, when confronted with the argument put forward by the petitioner's counsel, contended that as appeals have abated, therefore, Chairman had passed a general order directing the Registrar to inform the appellants accordingly. Therefore, his appeal has been disposed of accordingly.

3. We are not inclined to agree with the submission of learned counsel for the respondent because separate order is required to be passed in every case by the Service Tribunal after providing opportunity to the parties keeping in view the observations made by this Court in the judgment relied upon.

4. Thus, for the foregoing reasons, notice of information that appeals have abated cannot be considered as judicial order. As such it would be deemed that appeal of appellant is pending on the file of FST and is required to be disposed of.

5. Hence, case is remanded' to FST for disposal of appeal accordingly. Petition is converted into appeal and allowed with no order as to costs.

Cited by 13 cases

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