MUKHTAR AHMAD vs DEPUTY INSPECTOR-GENERAL OF POLICE and others
This matter concerns a petition challenging a judgment passed by the Federal Service Tribunal regarding the dismissal of the petitioner's departmental appeal. The core legal question before the Supreme Court was whether the Tribunal erred in deciding the appeal on merits without providing the petitioner an opportunity of hearing and without proper service of the notice of absence. The petitioner contended that he was denied a fair hearing and that the Tribunal incorrectly held his departmental appeal to be time-barred. The learned Additional Advocate-General conceded that the Tribunal could not properly decide the appeal on merits in the absence of the parties. Consequently, the Supreme Court allowed the petition, converting it into an appeal, and set aside the impugned judgment of the Federal Service Tribunal. The matter was remanded to the Tribunal for a fresh decision to be made strictly in accordance with the law, ensuring that both parties are provided an opportunity of hearing. The key principle established is that a quasi-judicial body cannot determine an appeal on merits without affording the parties a fair opportunity of being heard.
- Can a service tribunal decide an appeal on merits without providing the parties an opportunity of hearing?
- Is a judgment of a service tribunal sustainable if it fails to ensure service of notice upon the appellant?
ORDER
' 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 IB 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 is set aside and the matter is remanded for decision afresh strictly in accordance with law after hearing the parties.